DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brinks Australia Pty Ltd
(AG2019/239)

BRINK’S AUSTRALIA PTY LTD KALGOORLIE ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 13 MAY 2019

Application for approval of the Brink’s Australia Pty Ltd Kalgoorlie Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Brink’s Australia Pty Ltd Kalgoorlie Enterprise Agreement 2019 (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 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 19 May 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brinks Australia Pty Ltd applied for the approval of the Enterprise Agreement made with its employees in Kalgoorlie, under the Fair Work Act 2009. The application was made to the Fair Work Commission. The legal issues that the Commission was required to decide included whether the agreement met the requirements of the Fair Work Act, including whether it provided for a fair and reasonable rate of pay and conditions of employment, and whether it was certified by an independent person as not containing any terms that were contrary to public policy.

The Commission examined the agreement and considered submissions from both the employer and the employees’ representative. It found that the agreement was fair and reasonable, providing for a fair and reasonable rate of pay and conditions of employment. The Commission also found that the agreement was certified by an independent person as not containing any terms that were contrary to public policy. Therefore, the Commission approved the Enterprise Agreement. The approval means that the terms and conditions set out in the agreement will apply to the employees covered by the agreement.

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