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

[2014] FWCA 8485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Serco Sodexo Defence Services Pty Ltd T/A Serco Sodexo Defence Services
(AG2014/9823)

SERCO SODEXO DEFENCE SERVICES PTY LTD NATIONAL CLOTHING STORES ENTERPRISE AGREEMENT 2014

Retail industry
COMMISSIONER BULL	SYDNEY, 27 NOVEMBER 2014

Application for approval of the Serco Sodexo Defence Services Pty Ltd National Clothing Stores Enterprise Agreement 2014.

[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 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement will cover employees in the classifications specified in Schedule 1 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the 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 this organisation.

[5] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 4 December 2014. The nominal expiry date of the Agreement is 2 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Sodexo Defence Services Pty Ltd T/A Serco Sodexo Defence Services applied for approval of the Serco Sodexo Defence Services Pty Ltd National Clothing Stores Enterprise Agreement 2014 under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically the provisions concerning the approval of enterprise agreements.

The legal issues before the court were whether the enterprise agreement contained all the mandatory terms required by the Fair Work Act 2009, and whether it had been fairly and properly made. The court needed to determine if the agreement provided for a safety net of minimum wages and conditions, and if it had been negotiated in good faith. The applicant argued that the agreement was comprehensive and met all statutory requirements, while the respondent raised concerns about certain provisions of the agreement.

The Fair Work Commission found that the enterprise agreement contained all the mandatory terms required by the Fair Work Act 2009 and had been negotiated in good faith. The Commission determined that the agreement provided for a safety net of minimum wages and conditions and was therefore approved. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission also found that the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission approved the Serco Sodexo Defence Services Pty Ltd National Clothing Stores Enterprise Agreement 2014. The approval was based on the finding that the agreement contained all the mandatory terms required by the Fair Work Act 2009, and that it had been negotiated in good faith. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The approval of the enterprise agreement is a significant development for the parties involved and sets a precedent for similar agreements in the future.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established