DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2021/5099)

PROSEGUR AUSTRALIA PTY LIMITED, SA AND NT ARMOURED VEHICLE OPERATORS’ ENTERPRISE AGREEMENT 2021-2024

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 JUNE 2021

Application for approval of the Prosegur Australia Pty Limited, SA and NT Armoured Vehicle Operators’ Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, SA and NT Armoured Vehicle Operators’ Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prosegur Australia Pty Limited. 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. The undertakings are taken to be a term of 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 seven days from the date of this approval. The nominal expiry date of the Agreement is 3 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Prosegur Australia Pty Limited applied to the Fair Work Commission for approval of its 2021 to 2024 Enterprise Agreement with the Security Officers Union of Australia. The agreement, which was to apply to armoured vehicle operators in South Australia and the Northern Territory, aimed to establish terms and conditions of employment. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and the suitability of the agreement for the workers involved. The Commission was tasked with determining if the agreement was properly made and if it complied with the statutory obligations for enterprise agreements.

The key legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act and whether the agreement contained the necessary "protected action provisions" as mandated by the legislation. The Security Officers Union of Australia argued that the agreement did not adequately cover all necessary terms and conditions of employment, while Prosegur Australia Pty Limited maintained that the agreement was fair and complied with all legal requirements. The Commission had to assess the fairness of the agreement, including the negotiation process, the terms of the agreement, and the representation of the employees.

The Fair Work Commission found that the agreement was made in accordance with the procedural requirements of the Fair Work Act. It determined that the negotiation process was conducted appropriately and that the agreement contained all necessary terms and conditions of employment. The Commission also found that the agreement included the required "protected action provisions." Consequently, the Commission approved the Prosegur Australia Pty Limited, SA and NT Armoured Vehicle Operators’ Enterprise Agreement 2021 - 2024. The agreement was deemed to be fair and suitable for the employees, meeting all statutory requirements under the Fair Work Act.

Prosegur Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established