Prosegur Australia Pty Limited

[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

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.

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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited sought approval for the Prosegur Australia Pty Limited, Rockhampton and Bundaberg Depots Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2025. The application was heard by the Fair Work Commission, specifically the Full Bench, which was constituted by Mr J E O’Brien, Deputy President, Ms M A Martin, and Ms S M McVernon, Commissioner. The central dispute revolved around whether the proposed enterprise agreement was in the best interests of the employees and complied with the relevant statutory requirements.

The primary legal issues before the court were whether the agreement met the procedural and substantive requirements under the Fair Work Act 2009. This included ensuring that the agreement was made in good faith, provided for fair and reasonable terms and conditions, and was appropriately certified as a simple or low-complexity agreement. The court also needed to consider whether the agreement complied with the procedural fairness requirements and if the employees were adequately represented in the bargaining process.

The Full Bench of the Fair Work Commission determined that the application for approval should be granted. The court found that the agreement was made in good faith and provided for fair and reasonable terms and conditions for the employees. The agreement was also appropriately certified as a low-complexity agreement, meeting all procedural and substantive requirements. The court was satisfied that the employees were adequately represented in the bargaining process and that the agreement was in their best interests. The Full Bench concluded that the application should be approved, and the Prosegur Australia Pty Limited, Rockhampton and Bundaberg Depots Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2025 was duly approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established