DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Prosegur Australia Pty Limited
(AG2017/3367)

PROSEGUR AUSTRALIA PTY LIMITED (PROSEGUR) QUEENSLAND, CAIRNS DEPOT ARMOURED VEHICLE OPERATORS’ ENTERPRISE AGREEMENT 2017-2020

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 DECEMBER 2017

Application for approval of the Prosegur Australia Pty Limited (Prosegur) Queensland, Cairns Depot Armoured Vehicle Operators' Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited (Prosegur) Queensland, Cairns Depot Armoured Vehicle Operators' 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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2017. The nominal expiry date of the Agreement is 4 December 2020.

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 to approve the Prosegur Australia Pty Limited (Prosegur) Queensland, Cairns Depot Armoured Vehicle Operators' Enterprise Agreement 2017-2020. The Australian Council of Trade Unions opposed the application. The primary issue for the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission considered whether the agreement met the criteria for an enterprise agreement, including that it was in writing, contained only certain specified matters, and was made by an eligible bargaining representative. The Commission found that the agreement was in writing, contained only specified matters, and was made by an eligible bargaining representative. The Commission also considered whether the agreement was in the best interests of the employees and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission found that the agreement was in the best interests of the employees and complied with the Act. The application was approved, and the agreement was registered on 31 October 2017.

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