DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2018/6311)

PROSEGUR AUSTRALIA PTY LIMITED ACT ENTERPRISE AGREEMENT 2018 - 2020

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 JUNE 2019

Application for approval of the Prosegur Australia Pty Limited ACT Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited ACT Enterprise Agreement 2018 - 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 Transport Workers’ Union of Australia 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 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 9 September 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Prosegur Australia Pty Limited applied to the Fair Work Commission for approval of the Prosegur Australia Pty Limited ACT Enterprise Agreement 2018 - 2020. The application was made under section 230 of the Fair Work Act 2009. The applicant sought to have the agreement approved as a registered agreement, and to have it registered in accordance with section 180 of the Act.

The legal issues before the Commission were whether the agreement was a "good faith" agreement, and whether it complied with the "better off overall test". The Commission noted that Prosegur Australia Pty Limited had demonstrated that the agreement was made in good faith, as required by section 228 of the Act. The applicant also demonstrated that the agreement contained all the required terms, and that it met the requirements of the "better off overall test". The Commission was satisfied that the agreement provided for the employees to be better off overall, and that it complied with the provisions of the Act.

Accordingly, the Fair Work Commission approved the Prosegur Australia Pty Limited ACT Enterprise Agreement 2018 - 2020. The agreement was approved as a registered agreement, and was registered in accordance with section 180 of the Fair Work Act 2009. The applicant's application was therefore successful, and the agreement was approved and registered as a registered agreement.

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