Prosegur Australia Pty Limited

[2022] FWCA 4467

[2022] FWCA 4467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Prosegur Australia Pty Limited

(AG2022/5174)

Prosegur Australia Pty Limited, Bendigo Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2025

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 DECEMBER 2022

Application for approval of the Prosegur Australia Pty Limited, Bendigo Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2025

1. Prosegur Australia Pty Limited has made an application for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Bendigo Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. While the application is generally in order, the copy of the notice of employee representational rights (NERR) that was given to employees was not in the prescribed form. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

1. The Agreement was approved on 16 December 2022 and, in accordance with s 54, will operate from 23 December 2022. The nominal expiry date of the Agreement is 16 December 2025.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

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