Prosegur Australia Pty Limited

[2014] FWCA 6200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2014/8748)

PROSEGUR AUSTRALIA PTY LTD COFFS HARBOUR CASH PROCESSING ENTERPRISE AGREEMENT 2014-2016

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 8 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Ltd Coffs Harbour Cash Processing 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 Company). The agreement is a single-enterprise agreement.

[2] On 5 September 2014 undertakings were provided by the Human Resources Director of the Company, Mr P Richardson. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Prosegur Australia Pty Limited sought approval for the Prosegur Australia Pty Ltd Coffs Harbour Cash Processing Enterprise Agreement 2014 - 2016, which was in dispute. The applicant argued that the agreement was necessary to ensure the smooth operation of its cash processing enterprise at Coffs Harbour. The application was heard by the Fair Work Commission.

The primary legal issues before the court involved whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the necessary provisions, was made in good faith, and was free from any elements of coercion or undue influence. Additionally, the court assessed whether the agreement was fair and reasonable and if it provided adequate protection for the employees involved.

The Fair Work Commission found that the agreement was fair and reasonable, meeting all the statutory requirements for approval. The Commission concluded that the agreement was made in good faith and did not contain any elements of coercion or undue influence. Furthermore, the agreement provided sufficient protection for the employees, including provisions for redundancy and dispute resolution mechanisms. Consequently, the application for approval was successful.

The Commission approved the Prosegur Australia Pty Ltd Coffs Harbour Cash Processing Enterprise Agreement 2014 - 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were bound by its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established