Prosegur Australia Pty Limited Summary

[2014] FWCA 7034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2014/8964)

THE TRANSPORT WORKERS PROSEGUR AUSTRALIA PTY LIMITED PROSEGUR TRANSIT SERVICES OPERATIONS (VICTORIA) ENTERPRISE AGREEMENT 2014 - 2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 8 OCTOBER 2014

Application for approval of The Transport Workers Prosegur Australia Pty Limited Prosegur Transit Services Operations (Victoria) Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the The Transport Workers Prosegur Australia Pty Limited Prosegur Transit Services Operations (Victoria) 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 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 15 October 2014. The nominal expiry date of the Agreement is 9 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission (FWC) was tasked with approving an enterprise agreement between Prosegur Australia Pty Limited and its employees represented by The Transport Workers Union. The dispute centred on whether the proposed agreement complied with the necessary provisions of the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the respondents contended that it did not meet the criteria for approval.

The primary legal issue before the FWC was whether the enterprise agreement satisfied the requirements set out in section 230 of the Fair Work Act 2009. This section requires that an enterprise agreement be fair and reasonable, taking into account various factors including the extent of the agreement's coverage, its implications for employees' pay and conditions, and the nature of any bargaining that led to the agreement. Additionally, the FWC had to consider whether the agreement provided for procedural fairness and whether it was genuinely negotiated.

The FWC concluded that the enterprise agreement met the statutory requirements for approval. It found that the agreement had been fairly negotiated and provided for procedural fairness. The FWC also determined that the agreement was fair and reasonable, taking into account the coverage, implications for employees' pay and conditions, and the bargaining process. The FWC was satisfied that the agreement addressed the needs of both parties and provided a fair outcome for the employees.

The FWC approved the Prosegur Transit Services Operations (Victoria) Enterprise Agreement 2014 - 2016, determining that it complied with the necessary provisions of the Fair Work Act 2009. The agreement was found to be fairly negotiated, providing for procedural fairness, and fair and reasonable in its coverage, implications for employees' pay and conditions, and the nature of the bargaining process.

Prosegur Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established