DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2018/44)

PROSEGUR AUSTRALIA PTY LIMITED, ARMOURED VEHICLE OPERATOR (SOUTH AUSTRALIA & NORTHERN TERRITORY) ENTERPRISE AGREEMENT, 2017 - 2020

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 16 MAY 2018

Application for approval of the Prosegur Australia Pty Limited, Armoured Vehicle Operator (South Australia & Northern Territory) Enterprise Agreement, 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Armoured Vehicle Operator (South Australia & Northern Territory) Enterprise Agreement, 2017 - 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 Applicant 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 23 May 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 the Prosegur Australia Pty Limited, Armoured Vehicle Operator (South Australia & Northern Territory) Enterprise Agreement, 2017 - 2020. The application was made by the employer, Prosegur Australia Pty Limited, under section 233 of the Fair Work Act 2009. The legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act and if it was in the best interests of the employees. The Commission considered the content of the agreement, the process by which it was made, and the views of the employees.

The Fair Work Commission found that the agreement was compliant with the legislative requirements and was in the best interests of the employees. The Commission noted that the agreement had been made through a proper bargaining process and that the employees had expressed their support for the agreement. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees, including provisions for wages, hours of work, and other conditions of employment. The Commission also noted that the agreement included provisions for dispute resolution and the protection of employee rights.

In approving the enterprise agreement, the Fair Work Commission made an order that the Prosegur Australia Pty Limited, Armoured Vehicle Operator (South Australia & Northern Territory) Enterprise Agreement, 2017 - 2020, be approved as a registered agreement under section 175 of the Fair Work Act 2009. The agreement will be registered and will be in effect from the date of the Commission's approval. The order also provides that the agreement will remain in force until it is replaced by a new agreement or until it is terminated in accordance with the Fair Work Act.

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