DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2016/8086)

PROSEGUR AUSTRALIA PTY LIMITED COFFS HARBOUR ENTERPRISE AGREEMENT 2016 - 2017

Road transport industry
COMMISSIONER ROE	MELBOURNE, 30 MARCH 2017

Application for approval of the Prosegur Australia Pty Limited Coffs Harbour Enterprise Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited Coffs Harbour Enterprise Agreement 2016 - 2017 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 March 2017 and, in accordance with s.54, will operate from 6 April 2017. The nominal expiry date of the Agreement is 30 June 2017.

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 Coffs Harbour Enterprise Agreement 2016 - 2017. The applicant sought an order approving the agreement and directing it be registered in accordance with the Fair Work Act 2009. The applicant argued that the agreement had been fairly negotiated, was in the best interests of the employees, and complied with the Fair Work Act.

The legal issues before the Commission were whether the agreement had been fairly negotiated, whether it was in the best interests of the employees, and whether it complied with the Fair Work Act. The Commission considered evidence from both parties and relevant provisions of the Fair Work Act. The Commission found that the agreement had been fairly negotiated, was in the best interests of the employees, and complied with the Fair Work Act. The Commission approved the agreement and directed that it be registered.

The Commission found that the agreement was a genuine enterprise agreement, that the applicant had fairly negotiated the agreement, and that it was in the best interests of the employees. The Commission also found that the agreement complied with the Fair Work Act, including provisions relating to the disclosure of information, the role of the Commission, and the rights of employees. The Commission approved the agreement and directed that it be registered 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