DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2015/428)

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

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as The Transport Workers Prosegur Australia Pty Limited Armoured Vehicle and Other Operations (Bendigo) Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2015. The nominal expiry date of the Agreement is 25 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement with The Transport Workers Union. The Fair Work Commission was required to consider the agreement under the Fair Work Act 2009. The key issue was whether the agreement was a "better off overall test" (BOOT) agreement, meaning that it was in the interests of the employees to accept the agreement over their existing conditions of employment.

The Commission noted that the parties had made significant efforts to reach an agreement that was acceptable to both sides. The agreement included a range of provisions that were designed to improve the working conditions of the employees, including provisions for flexible working arrangements, increased pay rates, and improved leave entitlements. The Commission was satisfied that the agreement was a BOOT agreement, and accordingly approved the agreement. The Commission noted that the agreement was an example of the benefits of good faith bargaining between employers and employees.

The Commission made an order approving the agreement as a registered agreement under the Fair Work Act 2009. The agreement was registered as The Transport Workers Prosegur Australia Pty Limited Armoured Vehicle and Other Operations (Bendigo) Enterprise Agreement 2015-2018. The agreement will apply to the employees covered by the agreement for the period from 1 July 2015 to 30 June 2018.

Prosegur Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established