Prosegur Australia Pty Limited
[2022] FWCA 3969
•14 NOVEMBER 2022
| [2022] FWCA 3969 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Prosegur Australia Pty Limited
(AG2022/4582)
Prosegur Australia Pty Limited, Tasmania Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2025
| Road transport industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 14 NOVEMBER 2022 |
Application for approval of the Prosegur Australia Pty Limited, Tasmania Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2025
An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Tasmania Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2025 (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 (Employer). The Agreement is a single enterprise agreement.
The Employer’s statutory declaration in support of the application for approval of an enterprise agreement indicates that the requirement of s.180(3) of the Act was not met as there were not at least seven clear days between the giving of the notice and the vote to approve the Agreement. Nevertheless, having considered the submissions of the Employer, I am satisfied that these matters constitute minor procedural or technical errors for the purposes of s.188(2)(a). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors and that the Agreement has been genuinely agreed within the meaning of s.188(2).
I am further 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 14 November 2025.
DEPUTY PRESIDENT
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