Prosegur Australia Pty Limited Summary

[2016] FWCA 2750

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Prosegur Australia Pty Limited

(AG2016/2789)

PROSEGUR AUSTRALIA PTY LIMITED QUEENSLAND, NERANG,

ARMOURED VEHICLE OPERATORS' ENTERPRISE AGREEMENT

2015-2018

Road transport industry

COMMISSIONER SPENCER

BRISBANE, 3 MAY 2016

Application for approval of the Prosegur Australia Pty Limited, Queensland, Nerang,

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, Nerang, 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 undertaking has been signed by the employee bargaining representatives and

the TWU has no objection to the undertaking. In accordance with s.191 of the Act, the

undertakings are taken to be terms of the Agreement.

[3] 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.

[4] 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, 10 May 2016. The nominal expiry date of the

Agreement is 12 April 2019.
[2016] FWCA 2750

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited has applied for the approval of a single-enterprise agreement, specifically the Prosegur Australia Pty Limited, Queensland, Nerang, Armoured Vehicle Operators' Enterprise Agreement 2015 - 2018. The application was submitted under section 185 of the Fair Work Act 2009, and the Fair Work Commission, through Commissioner Spencer, reviewed the matter. The agreement, which covers armoured vehicle operators employed by Prosegur Australia Pty Limited in Queensland, is set to operate from 10 May 2016 until 12 April 2019. The application includes written undertakings from the employer, which have been signed by the employee bargaining representatives and accepted by the Transport Workers Union.

The primary legal issues before the Commission were whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, which pertain to the approval of enterprise agreements. Section 186 requires the agreement to be in writing and specify the parties involved. Section 187 mandates that the agreement cover certain terms and conditions of employment, while section 188 outlines the process for application and approval. The Commission had to determine if the application satisfied these legislative requirements and if the agreement complied with the provisions of the Fair Work Act.

Commissioner Spencer found that the application and the agreement met all the relevant requirements under the Fair Work Act. The agreement was in writing, the parties were clearly identified, and it covered the necessary terms and conditions of employment. Additionally, the written undertakings provided by the employer were signed by the employee bargaining representatives, and the Transport Workers Union had no objections to these undertakings, as required by section 191 of the Act. As a result, the Commission approved the Prosegur Australia Pty Limited, Queensland, Nerang, Armoured Vehicle Operators' Enterprise Agreement 2015 - 2018, effective from 10 May 2016 until 12 April 2019. The agreement will now operate under the terms set forth and will be subject to the provisions of the Fair Work Act during its duration.

Prosegur Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established