DECISION

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

Prosegur Australia Pty Limited
(AG2016/6491)

PROSEGUR AUSTRALIA PTY LIMITED, QUEENSLAND, TOOWOOMBA, ARMOURED VEHICLE OPERATORS' ENTERPRISE AGREEMENT 2015 - 2018

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 9 DECEMBER 2016

Application for approval of the Prosegur Australia Pty Limited, Queensland, Toowoomba, Armoured Vehicle Operators' Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Queensland, Toowoomba, Armoured Vehicle Operators' Enterprise Agreement 2015 - 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] Written undertakings have been provided by the employer and are attached to the Agreement. The employee bargaining representatives have signed the undertakings in support. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 16 December 2016. The nominal expiry date of the Agreement is 26 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited, an armoured vehicle company, applied for the approval of its Queensland, Toowoomba Armoured Vehicle Operators' Enterprise Agreement 2015 - 2018. The application was brought before the Fair Work Commission to determine if the proposed agreement was suitable for the employees of Prosegur Australia. The legal issues at the heart of this case involved whether the agreement was made in accordance with the Fair Work Act 2009, specifically if it met the criteria for an enterprise agreement. The court needed to consider if the agreement was genuinely a bargain between the employer and the employees, if it was free from any improper conduct or coercion, and if it provided adequate protections for employees.

In reaching its decision, the Fair Work Commission examined the process by which the agreement was made. The Commission considered whether the agreement was genuinely negotiated and if it covered the essential terms of employment. Additionally, the Commission assessed if the agreement was in the best interests of the employees and whether it provided adequate protections and benefits. The Commission noted that Prosegur Australia had engaged in good faith negotiations with the employees' representatives and that the agreement reflected the outcomes of these negotiations. The Commission also found that the agreement was fair and reasonable, providing employees with protections that were at least as good as, if not better than, the applicable awards or other enterprise agreements.

The Fair Work Commission approved the Prosegur Australia Pty Limited, Queensland, Toowoomba Armoured Vehicle Operators' Enterprise Agreement 2015 - 2018, finding that it met all the necessary requirements under the Fair Work Act. The Commission was satisfied that the agreement was genuinely negotiated, free from any improper conduct, and provided adequate protections and benefits for employees. As a result, the agreement was approved and will govern the terms and conditions of employment for Prosegur Australia's employees in Queensland, Toowoomba 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