DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Sodexo Defence Services Pty Ltd T/A Serco Sodexo Defence Services
(AG2016/5538)

SERCO SODEXO DEFENCE SERVICES PTY LTD NATIONAL CLOTHING STORES ENTERPRISE AGREEMENT 2016

Retail industry
COMMISSIONER LEE	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Serco Sodexo Defence Services Pty Ltd National Clothing Stores Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Serco Sodexo Defence Services Pty Ltd National Clothing Stores Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serco Sodexo Defence Services Pty Ltd T/A Serco Sodexo Defence Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Serco Sodexo Defence Services Pty Ltd, trading as Serco Sodexo Defence Services, sought approval for their National Clothing Stores Enterprise Agreement 2016 from the Fair Work Commission. The application was opposed by the National Tertiary Education Industry Union, who raised concerns about the fairness and compliance of the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing the fairness of the proposed enterprise agreement. This required examining whether the agreement complied with the "better off overall test" and whether it adhered to the relevant provisions of the Fair Work Act. The Commission also had to consider whether the agreement had been genuinely negotiated and whether it provided for the resolution of any disputes that might arise.

After thorough consideration, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission determined that the agreement was fairly negotiated, complied with the statutory requirements, and satisfied the better off overall test. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission's final order was the approval of the National Clothing Stores Enterprise Agreement 2016, subject to the terms and conditions set out in the decision. This ruling allows Serco Sodexo Defence Services to implement the agreed terms with their employees, ensuring compliance with the Fair Work Act and protecting the rights of both the employer and the employees.

Serco Sodexo Defence Services Pty Ltd T/A Serco Sodexo Defence Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established