Brink’s Australia Pty Ltd

[2013] FWCA 2955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brink’s Australia Pty Ltd
(AG2013/853)

BRINK’S AUSTRALIA PTY LTD TULLAMARINE GROUND ARMOURED CERTIFIED AGREEMENT 2012

Road transport industry
COMMISSIONER CRIBB	MELBOURNE, 10 MAY 2013

Application for approval of the Brink’s Australia Pty Ltd Tullamarine Ground Armoured Certified Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Brink’s Australia Pty Ltd Tullamarine Ground Armoured Certified Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brink’s Australia Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 10 May 2013 and, in accordance with s.54 of the Act, will operate from 17 May 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brink’s Australia Pty Ltd applied to the Fair Work Commission for approval of a certified agreement. The respondents, including the Transport Workers Union and the Shop, Distributive and Allied Employees’ Association, contested the application. The court was tasked with determining whether the certified agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the certified agreement was a genuine agreement reached through genuine bargaining. This required the court to examine the process through which the agreement was negotiated and whether it complied with the statutory requirements. The court also needed to consider whether the agreement provided fair and reasonable terms and conditions of employment, including minimum wages and other entitlements.

The court found that the certified agreement was a genuine agreement, having been negotiated in good faith between the parties. It was also found to provide fair and reasonable terms and conditions of employment. The court was satisfied that the agreement met the statutory requirements for approval and did not contravene any relevant provisions of the Fair Work Act. Consequently, the application for approval of the certified agreement was successful.

The court ordered the approval of the Brink’s Australia Pty Ltd Tullamarine Ground Armoured Certified Agreement 2012, with the agreement to be registered on the Register of Approved Agreements. The decision underscored the importance of genuine bargaining and fair terms in the context of employment agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established