DECISION

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

Prosegur Australia Pty Limited
(AG2014/10139)

PROSEGUR AUSTRALIA PTY LTD, WESTERN AUSTRALIA, NORTH PERTH & KALGOORLIE, CASH ROOM ENTERPRISE AGREEMENT, 2014-2017

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 15 DECEMBER 2014

Application for approval of the Prosegur Australia Pty Ltd, Western Australia, North Perth & Kalgoorlie, Cash Room Enterprise Agreement, 2014-2017.

[1] An application has been made for approval of an enterprise agreement Prosegur Australia Pty Ltd, Western Australia, North Perth & Kalgoorlie, Cash Room Enterprise Agreement, 2014-2017 (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] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 22 December 2014. The nominal expiry date is 30 June 2017

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited applied to the Fair Work Commission for the approval of the Prosegur Australia Pty Ltd, Western Australia, North Perth & Kalgoorlie, Cash Room Enterprise Agreement, 2014-2017. The application was opposed by the Australian Services Union (ASU) and the National Union of Workers (NUW). The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 and if it was in the interests of the employees covered by the agreement. The Commission needed to determine if the agreement complied with the procedural and substantive provisions of the Act.

The key legal issues included whether the agreement had been made in accordance with the procedural requirements of the Act, including proper consultation and good faith bargaining. The Commission also needed to assess whether the terms of the agreement were fair and reasonable in the context of the bargaining process and the interests of the employees. The Commission examined the evidence provided by the parties and considered the principles of enterprise bargaining and the broader objectives of the Act.

The Fair Work Commission found that the agreement had been made in accordance with the procedural requirements of the Act. The Commission determined that the employer had engaged in genuine consultation and good faith bargaining with the ASU and NUW. The Commission also found that the terms of the agreement were fair and reasonable and met the objectives of the Act. The Commission approved the agreement, noting that it provided for appropriate protections and benefits for the employees, and that it was in their best interests.

The Fair Work Commission approved the Prosegur Australia Pty Ltd, Western Australia, North Perth & Kalgoorlie, Cash Room Enterprise Agreement, 2014-2017. The Commission determined that the agreement complied with the procedural and substantive requirements of the Act and was in the best interests of the employees. The Commission emphasised the importance of genuine consultation and good faith bargaining in the enterprise bargaining process, and the need for agreements to provide appropriate protections and benefits for employees.

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