DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2017/3275)

PROSEGUR AUSTRALIA PTY LIMITED (PROSEGUR) NATIONAL SERVICE CENTRE (NSC) & NATIONAL MONITORING CENTRE (NMC) ENTERPRISE AGREEMENT 2017-2018

Clerical industry
COMMISSIONER MCKINNON	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Prosegur Australia Pty Limited (Prosegur) National Service Centre (NSC) & National Monitoring Centre (NMC) Enterprise Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited (Prosegur) National Service Centre (NSC) & National Monitoring Centre (NMC) Enterprise Agreement 2017-2018 (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 Australian Municipal, Administrative, Clerical and Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 8 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Prosegur Australia Pty Limited sought approval of its National Service Centre and National Monitoring Centre Enterprise Agreement 2017-2018. The application was made to the Fair Work Commission (FWC). The primary dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009 for approval. The legal issues before the FWC included whether the agreement had been made in good faith, whether it met the minimum entitlements prescribed by the Act, and whether it complied with the procedural requirements set out in the legislation.

The FWC considered whether Prosegur had acted in good faith by examining the negotiation process and whether there had been meaningful consultation between Prosegur and the employees' representatives. The Commission also assessed whether the proposed agreement provided at least the minimum entitlements required under the Act, including award wages, leave provisions, and other conditions of employment. Furthermore, the FWC scrutinised the procedural compliance, ensuring that the agreement had been properly certified and that any necessary steps, such as providing employees with copies of the agreement and notices, had been followed.

After reviewing the evidence and submissions, the FWC determined that the proposed agreement was made in good faith, met the minimum entitlements, and complied with the procedural requirements. The FWC approved the agreement, finding it to be in the best interests of the employees and the employer. The approval allowed the agreement to be registered and enforceable under the Act.

The FWC ordered the registration of the Prosegur Australia Pty Limited National Service Centre and National Monitoring Centre Enterprise Agreement 2017-2018. The agreement was to be effective from the date of the FWC's decision and would govern the employment conditions of the relevant employees for the specified period.

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