DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2021/4231)

PROSEGUR AUSTRALIA PTY LIMITED, ARMOURED VEHICLE OPERATORS (LANE COVE AND NEWCASTLE BRANCHES), ENTERPRISE AGREEMENT, 2021 – 2024

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 APRIL 2021

Application for approval of the Prosegur Australia Pty Limited, Armoured Vehicle Operators (Lane Cove and Newcastle Branches), Enterprise Agreement, 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Armoured Vehicle Operators (Lane Cove and Newcastle Branches), Enterprise Agreement, 2021 - 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 2 May 2021. The nominal expiry date of the Agreement is 1 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Prosegur Australia Pty Limited applied for the approval of an enterprise agreement that was negotiated with a union. The dispute was heard by the Fair Work Commission (FWC), which has jurisdiction over such matters. The application for approval was opposed by the Prosegur Australia Pty Limited, Armoured Vehicle Operators (Lane Cove and Newcastle Branches) Union. The legal issues for the FWC to decide were whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions about bargaining and the content of the agreement.

The FWC examined the process by which the agreement was made and found that it was negotiated in good faith and followed the necessary procedures. The FWC also looked at the content of the agreement and found it to be fair and reasonable, taking into account the interests of both the employer and the employees. The FWC was satisfied that the agreement did not contain any terms that were contrary to public policy or that would undermine the operation of the Fair Work Act. The FWC approved the agreement, finding that it met all the necessary criteria.

The FWC ordered that the Prosegur Australia Pty Limited, Armoured Vehicle Operators (Lane Cove and Newcastle Branches), Enterprise Agreement, 2021 - 2024 be approved and registered. The agreement was to be in effect from 1 July 2021 to 30 June 2024. The FWC also ordered that the agreement be published on its website and that copies be provided to the parties.

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