DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2018/6543)

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

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 24 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Bendigo, Armoured Vehicle Operators’ Enterprise Agreement 2018-2021 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 31 May 2019. The nominal expiry date of the Agreement is 24 February 2021.

COMMISSIONER

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 their Enterprise Agreement with Bendigo Armoured Vehicle Operators. The applicant is a security company that provides armoured vehicle services, and the dispute arose from the terms of employment for its employees in Bendigo. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The key issues before the Commission were whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements under the Act.

The Commission considered the evidence and submissions from both parties. It examined whether the agreement was genuinely negotiated between the parties, whether it provided for fair and reasonable terms and conditions of employment, and whether the procedural requirements under the Act were followed. The Commission found that the agreement was made in good faith and that the terms and conditions were fair and reasonable. It also found that the procedural requirements under the Act were followed. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Prosegur Australia Pty Limited, Bendigo, Armoured Vehicle Operators’ Enterprise Agreement 2018-2021. The Commission found that the agreement was made in good faith, provided for fair and reasonable terms and conditions of employment, and complied with the procedural requirements under the Act. The approval of the agreement means that it will now be the governing document for the employment of Prosegur Australia Pty Limited’s armoured vehicle operators in Bendigo for the period of 2018-2021.

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