DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2018/1839)

PROSEGUR AUSTRALIA PTY LIMITED, ROCKHAMPTON & BUNDABERG BRANCHES ARMOURED VEHICLE OPERATORS, ENTERPRISE AGREEMENT 2018 - 2021

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 AUGUST 2018

Application for approval of the Prosegur Australia Pty Limited, Rockhampton & Bundaberg Branches 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, Rockhampton & Bundaberg Branches 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 August 2018 and, in accordance with s.54, will operate from 4 September 2018. The nominal expiry date of the Agreement is 28 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Prosegur Australia Pty Limited sought the court's approval for the Enterprise Agreement 2018 - 2021, which governed the operations of its armoured vehicle operators in the Rockhampton and Bundaberg branches. The application was made under the Fair Work Act 2009, and the matter was heard by the Fair Work Commission (FWC). The dispute primarily revolved around whether the agreement complied with the legal requirements set forth in the Fair Work Act and whether it adequately covered the terms and conditions of employment for the affected workers.

The key legal issues before the Commission included whether the agreement provided for a safety net of minimum terms and conditions, whether it was free from prohibited content, and whether it was appropriately certified by an independent person. Another significant issue was whether the agreement met the requirements for a simple summary to be provided to employees. The Commission also considered whether the agreement was in the best interests of the employees and if there were any overriding public interest considerations.

The FWC concluded that the agreement was compliant with the statutory requirements and did not contain any prohibited content. It found that the agreement provided a safety net of minimum terms and conditions and was appropriately certified. The FWC was satisfied that the simple summary provided to employees was clear and comprehensible, meeting the legislative requirements. The Commission further determined that the agreement was in the best interests of the employees and did not identify any overriding public interest considerations that would preclude approval. Therefore, the FWC approved the Enterprise Agreement 2018 - 2021 for the Prosegur Australia Pty Limited armoured vehicle operators in the Rockhampton and Bundaberg branches.

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