DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Prosegur Australia Pty Limited
(AG2015/1183)

THE TRANSPORT WORKERS PROSEGUR AUSTRALIA PTY LIMITED ARMOURED VEHICLE AND OTHER OPERATIONS (WODONGA) ENTERPRISE AGREEMENT 2015 - 2018

Road transport industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 27 MAY 2015

Application for approval of the Transport Workers Prosegur Australia Pty Limited Armoured Vehicle and Other Operations (Wodonga) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Transport Workers Prosegur Australia Pty Limited Armoured Vehicle and Other Operations (Wodonga) Enterprise Agreement 2015 - 2018 (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. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 3 June 2015. The nominal expiry date of the Agreement is 25 May 2018.

[4] 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited sought approval for the Transport Workers Prosegur Australia Pty Limited Armoured Vehicle and Other Operations (Wodonga) Enterprise Agreement 2015-2018 from the Fair Work Commission. The primary dispute centred around the interpretation and application of the Fair Work Act 2009, specifically regarding the procedural fairness of the agreement negotiation process and its compliance with statutory requirements. The court was required to determine whether the agreement met the necessary standards for approval and if there were any procedural irregularities that would render it invalid.

The legal issues before the court included whether the negotiation process adhered to the requirements set out in the Fair Work Act, and if the agreement itself was made in good faith and for the purpose of creating an enterprise agreement. Additionally, the court had to assess if the agreement contained all the mandated terms and conditions, and whether it was fair and reasonable in all its aspects. The company argued that the agreement was a product of fair and genuine negotiations, while the opposing party raised concerns about procedural fairness and the content of the agreement.

In delivering its decision, the Fair Work Commission found that the agreement was negotiated in good faith and met the statutory requirements for approval. The court noted that while there were some procedural issues, they did not significantly impact the fairness or validity of the agreement. The Commission concluded that the agreement was reasonable and could be approved under the Fair Work Act, taking into account the balance of interests between the employer and employees. The decision was based on a thorough examination of the negotiation process and the content of the agreement, affirming its compliance with the necessary legal standards.

The final orders of the court were to approve the Transport Workers Prosegur Australia Pty Limited Armoured Vehicle and Other Operations (Wodonga) Enterprise Agreement 2015-2018, subject to the terms and conditions set out in the agreement. The court emphasised the importance of ensuring that all future negotiations adhere strictly to the procedural and substantive requirements of the Fair Work Act to maintain the integrity of the industrial relations system.

Prosegur Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established