DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Traffic Camera Services (Vic) Pty Ltd
(AG2020/3029)

SERCO TRAFFIC CAMERA SERVICES ENTERPRISE AGREEMENT 2020

Clerical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 OCTOBER 2020

Application for approval of the Serco Traffic Camera Services Enterprise Agreement 2020

[1] Serco Traffic Camera Services (Vic) Pty Ltd has made an application for approval of an enterprise agreement known as the Serco Traffic Camera Services Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union and the Community and Public Sector Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the declarations provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 29 October 2020 and, in accordance with s 54, will operate from 5 November 2020. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Serco Traffic Camera Services (Vic) Pty Ltd sought approval of an enterprise agreement with its employees, represented by the Australian Services Union (ASU). The dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically concerning its fairness and relevance to the employees it covered. The Commission was tasked with determining if the agreement adequately addressed the employees' terms and conditions of employment, and if it was free from any unfair content.

The primary legal issues before the Commission were whether the enterprise agreement satisfied the "better off overall test" and whether it contained any provisions that could be considered unfair. The Commission needed to ensure that the agreement provided employees with no less favourable terms and conditions of employment than those provided under the applicable awards or the National Employment Standards, and that it did not include any unfair content, such as provisions that were contrary to public policy or that imposed undue hardships on employees.

After reviewing the submissions from both parties, the Commission found that the enterprise agreement met the statutory requirements. It determined that the agreement provided employees with better terms and conditions than those under the applicable awards, thus satisfying the "better off overall test". Furthermore, the Commission concluded that the agreement did not contain any unfair content and was therefore fair and relevant. The Commission approved the enterprise agreement, acknowledging the efforts of both parties in reaching a resolution that was beneficial to the employees.

No further orders were made beyond the approval of the enterprise agreement. The Commission's decision was based on a thorough analysis of the agreement's provisions and the evidence presented during the hearings. The approval of the enterprise agreement ensures that the employees of Serco Traffic Camera Services (Vic) Pty Ltd will have their terms and conditions of employment governed by this agreement, providing them with clarity and certainty in their employment arrangements.

Serco Traffic Camera Services (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established