DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2016/8078)

PROSEGUR AUSTRALIA PTY LIMITED COFFS HARBOUR CASH PROCESSING ENTERPRISE AGREEMENT 2016 - 2017

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 30 MARCH 2017

Application for approval of the Prosegur Australia Pty Limited Coffs Harbour Cash Processing 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 Cash Processing 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, 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 sought approval of a cash processing enterprise agreement in the Fair Work Commission. The applicant sought approval for an enterprise agreement between Prosegur Australia and their employees, specifically those who are part of the Coffs Harbour Cash Processing Enterprise Agreement 2016-2017. The application was made under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Fair Work Act and was made in good faith and in the spirit of the act.

The legal issues before the Commission were whether the application was made in accordance with the requirements of the Fair Work Act, and whether the agreement had been made in good faith. The Commission considered the evidence presented by Prosegur Australia and the submissions made by the applicants and other interested parties. The Commission also considered the principles of good faith bargaining as set out in the Fair Work Act and relevant case law.

The Commission found that the application was made in accordance with the requirements of the Fair Work Act and that the agreement had been made in good faith. The Commission noted that Prosegur Australia had engaged in good faith bargaining with the employees and their representatives and had taken into account the interests of the employees in the negotiation of the agreement. The Commission also found that the agreement met the requirements of the Fair Work Act and was fair and reasonable. The Commission approved the enterprise agreement.

The Fair Work Commission approved the Prosegur Australia Pty Limited Coffs Harbour Cash Processing Enterprise Agreement 2016-2017. The Commission found that the application was made in accordance with the requirements of the Fair Work Act and that the agreement had been made in good faith. The Commission considered the evidence presented by Prosegur Australia and the submissions made by the applicants and other interested parties. The Commission also considered the principles of good faith bargaining as set out in the Fair Work Act and relevant case law. The Commission was satisfied that the agreement was fair and reasonable and met the requirements of 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