Prosegur Australia Pty Limited

[2019] FWCA 7233

[2019] FWCA 7233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2019/3339)

PROSEGUR AUSTRALIA PTY LIMITED, WODONGA, ARMOURED VEHICLE OPERATORS’ ENTERPRISE AGREEMENT 2018-2021

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 OCTOBER 2019

Application for approval of the Prosegur Australia Pty Limited, Wodonga, Armoured Vehicle Operators’ Enterprise Agreement 2018-2021.

[1] Prosegur Australia Pty Limited has applied for approval of a single enterprise agreement known as the Prosegur Australia Pty Limited, Wodonga, Armoured Vehicle Operators’ Enterprise Agreement 2018-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct errors in the original application, by filing an amended Agreement page and signature page. In the circumstances, I am satisfied that these corrections should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission, amended Agreement page and signature page and the Undertakings, 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.

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

[7] The Agreement was approved on 18 October 2019 and, in accordance with s.54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 25 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE505795 PR713512>

Annexure A