DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2014/10136)

PROSEGUR AUSTRALIA PTY LIMITED ARMOURED VEHICLE OPERATORS (LANE COVE, NEWCASTLE, SMITHFIELD, BRANCHES) ENTERPRISE AGREEMENT 2014-2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 15 DECEMBER 2014

Application for approval of the Prosegur Australia Pty Limited Armoured Vehicle Operators (Lane Cove, Newcastle, Smithfield, Branches) Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited Armoured Vehicle Operators (Lane Cove, Newcastle, Smithfield, Branches) Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Prosegur Australia Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 12 December 2014 an undertaking was provided by Mr P Richardson, the Company’s Human Resources Director, in relation to clause 38 (Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Prosegur Australia Pty Limited, an armoured vehicle operator, brought an application for the approval of an enterprise agreement in the Fair Work Commission. The agreement in question was the Prosegur Australia Pty Limited Armoured Vehicle Operators (Lane Cove, Newcastle, Smithfield, Branches) Enterprise Agreement 2014-2015. The dispute centred on whether the agreement met the statutory requirements for approval and if it was appropriate for the workforce involved.

The court was required to determine whether the agreement had been made in good faith and without coercion, and if it contained the necessary provisions mandated by the Fair Work Act 2009. The court also needed to examine if the agreement appropriately covered the employees within the specified branches and if it complied with all relevant provisions of the Act, including those concerning minimum entitlements and the right to request direct bargaining.

In its decision, the court found that the agreement was made in good faith and without coercion. It was determined that the agreement contained all necessary provisions as required by the Fair Work Act and that it appropriately covered the employees within the specified branches. The court concluded that the agreement met the statutory criteria for approval, and it granted the application for its approval. As a result, the Prosegur Australia Pty Limited Armoured Vehicle Operators (Lane Cove, Newcastle, Smithfield, Branches) Enterprise Agreement 2014-2015 was approved by the Commission.

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