DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2021/81)

PROSEGUR AUSTRALIA PTY LIMITED, KAWANA DEPOT ARMOURED VEHICLE OPERATORS’ ENTERPRISE AGREEMENT 2021 - 2025

Road transport industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 5 MARCH 2021

Application for approval of the Prosegur Australia Pty Limited, Kawana Depot Armoured Vehicle Operators’ Enterprise Agreement 2021 - 2025.

[1] Prosegur Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Kawana Depot Armoured Vehicle Operators’ Enterprise Agreement 2021 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 5 March 2021 and, in accordance with s 54, will operate from 12 March 2021. The nominal expiry date of the Agreement is 5 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited sought approval of its proposed enterprise agreement from the Fair Work Commission. The applicant, a security services provider, argued that the proposed agreement, covering armoured vehicle operators at its Kawana Depot, was appropriate for the employees in terms of its pay and conditions. The Fair Work Commission was required to decide if the agreement was suitable and fair, considering the relevant laws and principles.

The central legal issue was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to assess if the agreement was free from prohibited content, provided for appropriate minimum pay rates, and was made in good faith. Additionally, the Commission needed to determine if the agreement was genuinely negotiated and if it offered fair and reasonable terms for the employees.

In its decision, the Fair Work Commission determined that the agreement met all the necessary criteria. It found that the pay and conditions were fair and reasonable, and the agreement was free from any prohibited content. The Commission concluded that the agreement was genuinely negotiated in good faith and provided appropriate minimum standards for the employees. Consequently, the Commission approved the Prosegur Australia Pty Limited, Kawana Depot Armoured Vehicle Operators’ Enterprise Agreement 2021-2025.

The Commission issued an order approving the agreement, effective from the date of the decision. The order mandated that the agreement be implemented and enforced in accordance with its terms, ensuring that the employees covered by the agreement received the agreed-upon pay and conditions.

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