DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2021/245)

PROSEGUR AUSTRALIA PTY LIMITED, NORTH PERTH DEPOT ARMOURED VEHICLE OPERATORS’ ENTERPRISE AGREEMENT 2021 - 2024

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 1 MARCH 2021

Application for approval of the Prosegur Australia Pty Limited, North Perth Depot Armoured Vehicle Operators’ Enterprise Agreement 2021 - 2024.

[1] Prosegur Australia Pty Limited has applied for approval of a single enterprise agreement known as the Prosegur Australia Pty Limited, North Perth Depot Armoured Vehicle Operators’ Enterprise Agreement 2021 - 2024 (the Agreement).

[2] 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.

[3] The Agreement is approved. In accordance with s.54 of the Act, it will operate from 8 March 2021. The nominal expiry date of the Agreement is 1 March 2024.

[4] The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited applied for the approval of the Prosegur Australia Pty Limited, North Perth Depot Armoured Vehicle Operators’ Enterprise Agreement 2021 - 2024. The application was heard by the Fair Work Commission. The applicant sought approval of the proposed agreement which was intended to replace an existing enterprise agreement that was due to expire. The dispute centred on the terms and conditions of the proposed agreement and whether it complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been fairly negotiated and if it contained the necessary minimum terms and conditions. Additionally, the Commission had to consider whether the agreement complied with the good faith bargaining provisions and if it was in the best interests of the employees involved.

In reaching its decision, the Commission examined the negotiation process and the content of the proposed agreement. It found that the agreement had been fairly negotiated and contained all the required minimum terms and conditions. The Commission also concluded that the agreement complied with the good faith bargaining provisions and was in the best interests of the employees. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the Prosegur Australia Pty Limited, North Perth Depot Armoured Vehicle Operators’ Enterprise Agreement 2021 - 2024. The approval was effective from the date of the Commission’s decision, replacing the previous enterprise agreement. The new agreement outlines the terms and conditions of employment for the armoured vehicle operators at the North Perth depot for the specified period.

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