Application for approval of the Serco South Australian Correctional Officers Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Serco South Australian Correctional Officers Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serco Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The copy of the Agreement filed with the application for approval contained a numbering and typographical error. An amended copy of the Agreement was subsequently provided to the Commission. I consider it appropriate in the circumstances to allow the amendments pursuant to s.586(a) of the Act.

[3] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] I observe that clause 33 of the Agreement regarding abandonment of employment and entitlements to payment for notice may be inconsistent with the National Employment Standards (NES). Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers' Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act from 21 November 2025. The nominal expiry date of the Agreement is 1 July 2028.

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