DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brinks Australia Pty Ltd
(AG2020/1786)

BRINK’S AUSTRALIA PTY LTD PERTH ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 22 JULY 2020

Application for approval of the Brink’s Australia Pty Ltd Perth Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Brink’s Australia Pty Ltd Perth Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brinks Australia Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2020. The nominal expiry date of the Agreement is 30 April 2024.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Brinks Australia Pty Ltd applied for the approval of the Brink’s Australia Pty Ltd Perth Enterprise Agreement 2020. The respondents were the Transport Workers Union of Australia and the Australian Services Union. The dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms, ensured procedural fairness, and was certified by a certified agreement certificifier. The Commission had to consider whether the agreement's provisions were consistent with the statutory requirements and whether the process leading to the agreement's formation was fair and reasonable.

After reviewing the submissions and evidence, the Commission found that the agreement did not meet the statutory requirements for approval. The Commission concluded that there were procedural deficiencies in the process leading to the agreement's formation, and that the agreement contained provisions that were not fair and reasonable. The Commission also noted that the agreement did not comply with certain minimum entitlements under the relevant award. Therefore, the application for approval was dismissed.

The Commission did not make any orders as the application for approval was dismissed. The parties were advised to continue negotiations to reach an agreement that met the statutory requirements for approval.

Brinks Australia 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