Prosegur Australia Pty Limited

[2014] FWCA 5325

[2014] FWCA 5325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2014/6242)

PROSEGUR AUSTRALIA PTY LIMITED, QUEENSLAND, MOOROOKA, ARMOURED VEHICLE OPERATOR, ENTERPRISE AGREEMENT, 2014-2017

Security services
COMMISSIONER GREGORY	MELBOURNE, 6 AUGUST 2014

Application for approval of the Prosegur Australia Pty Limited, Queensland, Moorooka, Armoured Vehicle Operator, Enterprise Agreement, 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Queensland, Moorooka, Armoured Vehicle Operator, 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. It is a single-enterprise agreement.

[2] On reviewing the application and the copy of the proposed Agreement I am generally satisfied that its terms and conditions satisfy the requirements of the “better off overall” test, particularly as the proposed rates of pay in the Agreement are significantly higher than those contained in the underlying Transport (Cash in Transit) Award 2010.

[3] However, in its form F18 – Statutory Declaration the Transport Workers’ Union, who are a bargaining representative for the Agreement, raised one additional matter concerning the definition of shiftwork, and the entitlement of shift workers to an additional week of annual leave. These matters are currently dealt with in clause 49 of the proposed Agreement, however, the Union indicated it wanted a more specific definition of shift worker and particular reference to the annual leave entitlement.

[4] The Commission subsequently contacted the employer who indicated it was prepared to provide an undertaking in the terms sought by the Union. The undertaking is in the following terms:

“A shift worker under the terms of the Agreement is defined as a seven-day shift worker who is regularly rostered to work on Sundays and public holidays. A person engaged as a shift worker, as defined, is entitled to 5 weeks of paid annual leave each year or the pro rata equivalent of that amount for any period of employment of less than twelve months.”

[5] I am satisfied that the proposed undertaking does not cause financial detriment to any employee to be covered by the proposed Agreement, or result in substantial changes to it. It is accordingly accepted and will form part of the Agreement. A copy is also attached to this decision.

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

[7] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) the I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2014. The nominal expiry date of the Agreement is 12 August 2017.

COMMISSIONER

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