Prosegur Australia Pty Limited

[2016] FWCA 1315

[2016] FWCA 1315

DECISION

Fair Work Act 2009

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

Prosegur Australia Pty Limited

(AG2016/2203)

PROSEGUR AUSTRALIA PTY, QUEENSLAND TOOWOOMBA

DEPOT CASH AND COIN ENTERPRISE AGREEMENT 2015-2018

Clerical industry

DEPUTY PRESIDENT BULL SYDNEY, 2 MARCH 2016

Application for approval of the Prosegur Australia Pty, Queensland Toowoomba Depot Cash

and Coin Enterprise Agreement 2015-2018

[1]        An application has been made by Prosegur Australia Pty Limited (the applicant) for

the approval of an enterprise agreement known as the Prosegur Australia Pty, Queensland

Toowoomba Depot Cash and Coin Enterprise Agreement 2015-2018 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single

enterprise agreement.

[2]        The Agreement covers employees engaged by the employer in the provision of

handling cash and coins at its Toowoomba depot. As per s.186(3) of the Act I am satisfied

that the group of employees covered by the Agreement was fairly chosen based on the

operational and geographical distinction of the employees.

Notice of Employee Representational Rights (NERR)

[3]        Section 174 of the Act provides a statutory requirement for the NERR to be in the

prescribed format, and the correct content as per Regulation 2.05 of the Fair Work

Regulations 2009 (Regulations). The submitted NERR referred to the title of the Agreement

as the Prosegur Australia Pty, Queensland Toowoomba Depot Cash and Coin Enterprise

Agreement 2015-2017 rather than “2015-2018”.

[4]        The applicant submitted that the reference to “2015-2017” was an error and an

oversight. When the NERR was first issued to the employees to whom this Agreement is

proposed to cover, the applicant and its’ employees envisaged the length of the Agreement to

expire in 2017. As discussions for the Agreement progressed, this was amended to have an

expiry date of 2018.

[5] Based on the submissions of the applicant, I do not believe that the error has misled

employees in voting for the Agreement.
[2016] FWCA 1315

Better off overall test (BOOT)

[6]        The Clerks Private Sector Award 2010 (the Award) is the relevant reference

instrument with respect to the better off overall test (BOOT) as required under s.186 of the

Act.

[7]        The overtime penalty rate for Saturday is lower than what employees would otherwise

receive under the Award. However, the rates of pay are higher under the Agreement in

comparison to the corresponding rates of pay under the Award; and part time employees are

entitled to an increased minimum engagement period under the Agreement.

Approval

[8]        Taking into account the higher rate of pay under the Agreement when compared to the

Award, I am satisfied that the Agreement results in employees being better off under the

Agreement.

[9]        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.

[10]      The Agreement is approved. In accordance with s.54(1), the Agreement will operate

from 9 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

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[2016] FWCA 1315