Serco Traffic Camera Services (Vic) Pty Ltd Summary

[2024] FWCA 2379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Serco Traffic Camera Services (Vic) Pty Ltd

(AG2024/1454)

SERCO TRAFFIC CAMERA SERVICES ENTERPRISE AGREEMENT 2023

Miscellaneous
COMMISSIONER WILSON	MELBOURNE, 26 JUNE 2024

Application for approval of the Serco Traffic Camera Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Serco Traffic Camera Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serco Traffic Camera Services (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Community and Public Sector Union- SPSF Group 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.

The Australian Municipal, Administrative, Clerical and Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2024. The nominal expiry date of the Agreement is 3 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Serco Traffic Camera Services (Vic) Pty Ltd applied for approval of the Serco Traffic Camera Services Enterprise Agreement 2023. The respondents to the application were the Assistant Secretary of the Department of Employment and Workplace Relations, and the Australian Council of Trade Unions. The Commission was required to determine whether the terms of the agreement were fair and reasonable, and if the requisite majority of employees had voted in favour of the agreement.

The Commission considered the various submissions made by the parties and examined the provisions of the agreement. In particular, the Commission focused on whether the agreement provided for fair and reasonable terms and conditions, taking into account the economic circumstances of the parties, the nature of the enterprise, and the need for industrial harmony. The Commission also considered whether the requisite majority of employees had voted in favour of the agreement.

After reviewing the submissions and evidence, the Commission found that the agreement provided for fair and reasonable terms and conditions, and that the requisite majority of employees had voted in favour of the agreement. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009. The Commission also noted that the agreement included provisions for dispute resolution and allowed for the continuation of existing workplace arrangements during the period of the agreement.

The Commission's decision was final and binding, and the agreement was approved as a registered agreement under the Fair Work Act 2009. The parties were required to comply with the terms of the agreement, and any disputes arising from the agreement were to be resolved in accordance with the dispute resolution procedures contained within the agreement.

Serco Traffic Camera Services (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established