Prosegur Australia Pty Limited Summary

[2022] FWCA 4344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Prosegur Australia Pty Limited

(AG2022/4953)

Prosegur Australia Pty Limited, Wodonga Armoured Vehicle Operators’ Enterprise Agreement 2022-2025

Road transport industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 DECEMBER 2022

Application for approval of the Prosegur Australia Pty Limited, Wodonga Armoured Vehicle Operators’ Enterprise Agreement 2022-2025

Prosegur Australia Pty Limited] (the Employer) has made an application for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Wodonga Armoured Vehicle Operators’ Enterprise Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 12 December 2022 and, in accordance with s 54, will operate from 19 December 2022. The nominal expiry date of the Agreement is 12 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Prosegur Australia Pty Limited applied to the Fair Work Commission for the approval of the Prosegur Australia Pty Limited, Wodonga Armoured Vehicle Operators’ Enterprise Agreement 2022-2025. The application was made by Prosegur Australia Pty Limited, the employer, in accordance with the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval under the Act, including whether it facilitated the objective of a high standard of living for employees, and if it was made in good faith.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable pay and conditions for the employees, whether it was made in good faith, and whether it contained provisions that were contrary to public policy or contrary to the objects of the Act. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of the employees and the employer.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. The Commission considered that the agreement provided for fair and reasonable pay and conditions, was made in good faith, and did not contain any provisions that were contrary to public policy or the objects of the Act. The agreement was also found to appropriately balance the interests of the employees and the employer. Therefore, the Commission approved the agreement, ensuring it would be applicable from the date of the Commission's decision.

The final orders of the Fair Work Commission were that the Prosegur Australia Pty Limited, Wodonga Armoured Vehicle Operators’ Enterprise Agreement 2022-2025 was approved and would be registered by the Commission. The agreement was to be binding on Prosegur Australia Pty Limited, its employees, and their representatives. The decision was made in accordance with the Fair Work Act 2009, ensuring the agreement would facilitate the objective of a high standard of living for employees and the efficient operation of the enterprise.

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