Prosegur Australia Pty Limited

[2023] FWCA 18

[2023] FWCA 18

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Prosegur Australia Pty Limited

(AG2022/4955)

PROSEGUR AUSTRALIA PTY LIMITED, ROCKHAMPTON AND BUNDABERG DEPOTS ARMOURED VEHICLE OPERATORS’ ENTERPRISE AGREEMENT 2022 – 2025

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 4 JANUARY 2023

Application for approval of the Prosegur Australia Pty Limited, Rockhampton and Bundaberg Depots Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2025

1. An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Rockhampton and Bundaberg Depots Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Prosegur Australia Pty Limited (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 16 December 2022 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form dated 21 December 2022. The undertaking deals with the following topics:

·   The ordinary hourly rate for casual AVOs (inclusive of casual loading) upon commencement of the Agreement will be $35.375.

·   The ordinary hourly rate for casual Crew Leaders (inclusive of casual loading) upon commencement of the Agreement will be $35.65.

·   All employees will receive a paid 10 minute morning tea break per shift, regardless of the shift length.

·   The ordinary span of hours will be 5.00am to 6.00pm.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded did not oppose the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Transport Workers’ Union (TWU), 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 3 January 2026.

COMMISSIONER

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