DECISION

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

Prosegur Australia Pty Limited
(AG2015/4295)

PROSEGUR AUSTRALIA PTY LIMITED CASH ROOM OPERATIONS (VICTORIA) ENTERPRISE AGREEMENT 2015 - 2018

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 27 AUGUST 2015

Application for approval of the Prosegur Australia Pty Limited Cash Room Operations (Victoria) Enterprise Agreement 2015 - 2018.

[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 Cash Room Operations (Victoria) Enterprise Agreement 2015 - 2018 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (the ‘Union’) and is to cover 68 cash room operations employees based in sites across Victoria. 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 17 November 2014 and voting for the Agreement’s approval took place on 28 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 42 of the 48 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 11 August 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms J O’Dwyer, Manager – Cashroom, identified the Clerks – Private Sector Award 2010 [MA000002] and the Clerical and Administrative Employees (Victoria) Award 1999 [AP773032] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms O’Dwyersaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement providesfor higher rates of pay, provision of annual leave for casual employees and a more generous meal allowance. Rates of pay are to be increased by 1.4% from 18 May 2015 and then with reference to the CPI on 18 May 2016 and 18 May 2017. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 42 and 41 respectively, and a disputes resolution procedure at clause 40 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 24 August 2015, Ms S Caylock, Solicitorappeared with Mr De Silva for the applicant and Ms K Dickie for the Union. Ms Caylock 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. She explained that the Agreement provided for an enhanced consultative process with elected employees meeting with representatives of Management on an ongoing basis. Ms Dickie supported the submissions of Ms Caylock.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 Cash Room Operations (Victoria) Enterprise Agreement 2015 – 2018. Pursuant to s 54 of the Act, the Agreement shall operate from 1 September 2015 and have a nominal expiry date of 18 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Prosegur Australia Pty Limited sought approval for the Prosegur Australia Pty Limited Cash Room Operations (Victoria) Enterprise Agreement 2015-2018 from the Fair Work Commission (FWC). The agreement was entered into between Prosegur Australia and the Finance Sector Union of Australia (the Union). The dispute centred on whether the FWC should approve the enterprise agreement, considering the bargaining process and the terms of the agreement. The Union argued that the agreement should not be approved due to alleged procedural irregularities and concerns over specific terms within the agreement.

The primary legal issues the FWC had to address were whether the agreement was genuinely negotiated and whether it contained all the mandatory terms required by the Fair Work Act 2009. The Union raised objections concerning the bargaining process and specific terms, including the dispute resolution provisions. The FWC examined the evidence provided by both parties to determine if the agreement met the statutory requirements for approval.

In its decision, the FWC found that the agreement was genuinely negotiated and contained all the mandatory terms. The FWC dismissed the Union's claims regarding procedural irregularities and found that the bargaining process was conducted in good faith. The FWC also concluded that the terms of the agreement were not unfair and were consistent with the principles of the Fair Work Act. As a result, the FWC approved the enterprise agreement.

The FWC made an order approving the Prosegur Australia Pty Limited Cash Room Operations (Victoria) Enterprise Agreement 2015-2018, effective from the date of the decision. The Union's objections were dismissed, and the agreement was deemed to be in compliance with the relevant legislation.

Prosegur Australia Pty Limited

DECISION

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