DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2019/1411)

PROSEGUR AUSTRALIA PTY LIMITED BERESFIELD CASH PROCESSING ENTERPRISE AGREEMENT 2019 - 2020

Clerical industry
COMMISSIONER YILMAZ	MELBOURNE, 26 AUGUST 2019

Application for approval of the Prosegur Australia Pty Limited Beresfield Cash Processing Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited Beresfield Cash Processing Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prosegur Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 2 September 2019. The nominal expiry date of the Agreement is 20 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Prosegur Australia Pty Limited applied for approval of the Prosegur Australia Pty Limited Beresfield Cash Processing Enterprise Agreement 2019 - 2020. The Fair Work Commission was tasked with determining whether the agreement was a "genuine" enterprise agreement under the Fair Work Act 2009 (Cth). The parties involved were Prosegur Australia Pty Limited, the employer, and the Australian Manufacturing Workers’ Union, representing the employees. The agreement was negotiated following a breakdown in enterprise bargaining, which led to a protected industrial action ballot.

The key legal issue was whether the agreement was genuinely negotiated and, therefore, eligible for approval as a genuine enterprise agreement. The applicant argued that the agreement was the result of genuine negotiations and was made in good faith. The respondent contended that the agreement was not genuinely negotiated as it was imposed on the employees after a failed attempt at enterprise bargaining. The Commission had to consider the process of negotiation, the context in which the agreement was made, and whether it was made in good faith.

The Fair Work Commission found that the agreement was genuinely negotiated and made in good faith. The Commission acknowledged that the agreement was made after a failed enterprise bargaining process but noted that the subsequent agreement was the result of further negotiations between the parties. The Commission considered that the process and context in which the agreement was made did not detract from its genuine nature. Consequently, the Commission approved the agreement as a genuine enterprise agreement.

The Fair Work Commission approved the Prosegur Australia Pty Limited Beresfield Cash Processing Enterprise Agreement 2019 - 2020 as a genuine enterprise agreement. The decision highlighted the importance of considering the process and context in which an agreement is made when determining its genuineness.

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