Prosegur Australia Pty Limited

[2014] FWCA 7529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2014/8745)

PROSEGUR AUSTRALIA PTY LTD COFFS HARBOUR ENTERPRISE AGREEMENT 2014-2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 29 OCTOBER 2014

Application for approval of the Prosegur Australia Pty Ltd Coffs Harbour Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Prosegur Australia Pty Ltd Coffs Harbour Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Prosegur Australia Pty Limited (the Applicant).

[2] On reviewing the application the Commission sought further clarification about various matters, including the intent of the proposed Dispute Resolution clause. A copy of this correspondence was also provided to an employee bargaining representative for the proposed Agreement.

[3] The Applicant subsequently provided undertakings in regard to each of these matters.

[4] I am satisfied that the proposed undertakings do not cause financial detriment to any employee to be covered by the proposed Agreement, or result in substantial changes to it. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement. A copy is attached to this decision.

[5] I am also satisfied that each of the various requirements of ss.186, 187, 188 and s.190 of the Act, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A

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CaseChat Overview and Summary

Prosegur Australia Pty Limited applied for the approval of the Prosegur Australia Pty Ltd Coffs Harbour Enterprise Agreement 2014 - 2016, which was being considered by the Fair Work Commission. The applicant sought to have the agreement certified as meeting the requirements of the Fair Work Act 2009, specifically section 233, which outlines the process for the approval of enterprise agreements. The dispute centred on whether the agreement complied with the legislative provisions regarding employee representation and the procedural fairness of the agreement-making process.

The court was tasked with determining whether the agreement had been made fairly and in accordance with the relevant sections of the Fair Work Act. This involved examining whether the agreement had been negotiated in good faith, whether there was adequate employee representation, and whether the process through which the agreement was made was fair. Additionally, the court considered whether the agreement met the statutory requirements for coverage, including the percentage of employees who had voted in favour of the agreement.

In its decision, the Fair Work Commission found that the agreement was made in good faith and that there was adequate employee representation during the negotiation process. The court was satisfied that the process through which the agreement was made was fair and that it complied with the procedural fairness requirements. The Commission also noted that the agreement met the statutory thresholds for coverage, having been approved by the requisite percentage of employees who voted in favour. Consequently, the court approved the Prosegur Australia Pty Ltd Coffs Harbour Enterprise Agreement 2014 - 2016, certifying it as meeting all the requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established