Prosegur Australia Pty Limited

[2015] FWCA 8743

[2015] FWCA 8743

FAIR WORK COMMISSION

DECISION

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

Prosegur Australia Pty Limited
(AG2015/7560)

PROSEGUR AUSTRALIA PTY LIMITED BERESFIELD CASH PROCESSING ENTERPRISE AGREEMENT 2015-2017

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 23 DECEMBER 2015

Application for approval of the Prosegur Australia Pty Limited Beresfield Cash Processing Enterprise Agreement 2015-2017.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Prosegur Australia Pty Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Prosegur Australia Pty Limited Beresfield Cash Processing Enterprise Agreement 2015-2017 (the ‘Agreement’). The Agreement was negotiated with the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union Branch of the Australian Services Union (the ‘Union’) and is to cover 26 employees who are engaged in cash processing duties based in Beresfield, New South Wales. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 20 May 2015 and voting for the Agreement’s approval took place on 25 and 26 November 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 14 of the 17 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 8 December 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr P Richardson, Human Resources Director, identified the Clerks Private Sector Award 2010 [MA000002]as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Richardsonsaid that the Agreement does provide one term that is less beneficial than under the Award, in that the Agreement provides for a casual loading of 20%, rather than 25%. However, the Agreement provides for higher rates of pay. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 40 and 41 respectively, and a disputes resolution procedure at clause 35 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 16 December 2015, Mr P Richardson appeared for the applicant and Mr D Cameron for the Union. Mr Richardson outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are to be increased in accordance with CPI (Sydney Q3 year to date) from 20 December 2015 and 2016 and noted that a reference to the national capital cities weighted average at Appendix A, cl 3, was an error. He also noted that there were two clauses marked cl 21; one referring to Higher Duties Allowance and the other to the First Aid Allowance. This was a formatting error. Mr Cameron supported the submissions of Mr Richardson. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Prosegur Australia Pty Limited Beresfield Cash Processing Enterprise Agreement 2015-2017.Pursuant to s 54 of the Act, the Agreement shall operate from 23 December 2015 and have a nominal expiry date of 20 December 2017.

DEPUTY PRESIDENT

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