DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2017/6674)

PROSEGUR AUSTRALIA PTY LTD COFFS HARBOUR ENTERPRISE AGREEMENT 2017 - 2019

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 19 APRIL 2018

Application for approval of the Prosegur Australia Pty Ltd Coffs Harbour Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Ltd Coffs Harbour Enterprise Agreement 2017 - 2019 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

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 the approval of a proposed enterprise agreement for its employees in Coffs Harbour for the period 2017 to 2019. The application followed negotiations between the company and the Australian Manufacturing Workers' Union, which represents the employees. The union had raised concerns about the proposed agreement, leading to the application to the Commission for its assessment and approval.

The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the 'better off overall test', ensuring that employees were no worse off financially and had at least maintained their existing conditions. The Commission had to consider whether the agreement was fairly negotiated, provided for a proper balance of interests, and included necessary protections for employees.

The Commission found that the proposed agreement was fairly negotiated and met the requirements of the Act. It included provisions for wages, conditions of employment, and dispute resolution mechanisms that adequately balanced the interests of both the company and the employees. The Commission determined that the agreement was likely to result in employees being no worse off financially and, in some cases, better off, thereby satisfying the 'better off overall test'. The Commission approved the agreement, noting that it contained all necessary elements to be considered a valid and effective enterprise agreement.

The Fair Work Commission approved the Prosegur Australia Pty Ltd Coffs Harbour Enterprise Agreement 2017 to 2019, effective from 1 July 2017, for a period of three years. The approval was based on the findings that the agreement was fairly negotiated, provided for a proper balance of interests, and met the statutory requirements of the Fair Work Act 2009.

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