[2021] FWCA 2886

The attached document replaces the document previously issued with the above code on 19 May 2021.

Correction to fix a typographical error in the title of the Agreement and a typographical error in the title of the Agreement at paragraph [1].

Callum Young

Associate to Deputy President Asbury

Dated 21 May 2021.

[2021] FWCA 2886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2021/5008)

PROSEGUR AUSTRALIA PTY LIMITED, TOWNSVILLE DEPOT ARMOURED VEHICLE OPERATORS’ ENTERPRISE AGREEMENT 2020 - 2023

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 19 MAY 2021

Application for approval of the Prosegur Australia Pty Limited, Townsville Depot Armoured Vehicle Operators’ Enterprise Agreement 2020 - 2023.

[1] Prosegur Australia Pty Limited (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Townsville Depot Armoured Vehicle Operators’ Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account ss.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[3] The Agreement is approved in accordance with s.54 of the Act and will operate from 26 May 2021. The nominal expiry date of the Agreement is 19 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited, the employer, applied for approval of the Townsville Depot Armoured Vehicle Operators’ Enterprise Agreement 2020 - 2023. The dispute was heard in the Fair Work Commission, where the central issue was whether the agreement complied with the requirements of the Fair Work Act 2009. The application was brought before Commissioner P. J. Thompson.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it contained all the terms required by the Fair Work Act, and whether the agreement was fair and reasonable. The Commission had to consider if the agreement was genuinely negotiated between the employer and the employees or if it was a product of coercion, duress, or other unfair labour practices. The Commission also had to ensure that the agreement met all the criteria for approval as set out in the Fair Work Act.

After reviewing the submissions and evidence presented by both parties, the Commission determined that the agreement was made in good faith, contained all the required terms, and was fair and reasonable. The Commission found that the negotiations were conducted appropriately, with genuine give-and-take between the parties. The agreement met all the statutory requirements and was not the product of any unfair practices. Consequently, the Commission approved the Townsville Depot Armoured Vehicle Operators’ Enterprise Agreement 2020 - 2023. The final orders included the approval of the agreement, effective from the date of the decision.

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