DECISION

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

Prosegur Australia Pty Limited
(AG2016/4959)

PROSEGUR AUSTRALIA PTY LIMITED, QUEENSLAND, KAWANA BRANCH, ARMOURED VEHICLE OPERATORS', ENTERPRISE AGREEMENT, 2016 - 2020

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 2 NOVEMBER 2016

Application for approval of the Prosegur Australia Pty Limited, Queensland, Kawana Branch, Armoured Vehicle Operators', Enterprise Agreement, 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Queensland, Kawana Branch, Armoured Vehicle Operators', Enterprise Agreement, 2016-2020 (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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[3] Written undertakings have been provided by the employer and are attached to the Agreement. The TWU has no objection to the undertakings. In accordance with s.191 of the Act, the undertakings are taken to be terms of 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, 9 November 2016. The nominal expiry date of the Agreement is 2 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, intended to cover the employees of the Queensland, Kawana branch of Prosegur Australia Pty Limited, spanned from 2016 to 2020. The nature of the dispute was centred on whether the agreement met the statutory requirements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, a body established to promote and facilitate the resolution of workplace disputes and to protect employees from unfair treatment.

The primary legal issues before the commission involved whether the enterprise agreement complied with the legislative requirements for employee representation and the process of agreement making. Specifically, the court needed to determine if the agreement was made in good faith, if it was appropriately negotiated, and if the agreement met the criteria for being a "batable agreement." The court also had to consider whether the agreement provided for minimum entitlements as prescribed by the Act, and if the process of employee consultation was adequately followed.

The Fair Work Commission found that the enterprise agreement was appropriately negotiated in good faith and that it met all statutory requirements. The commission confirmed that the agreement was properly made, that it provided for minimum entitlements, and that the process of consultation with employees was satisfactory. The court approved the agreement, recognising that it met the criteria for a batable agreement and was in the best interests of the employees. The final orders included the approval of the Prosegur Australia Pty Limited, Queensland, Kawana Branch, Armoured Vehicle Operators' Enterprise Agreement, 2016-2020, which was to be registered with the Fair Work Commission.

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