Prosegur Australia Pty Limited
[2022] FWCA 3950
•10 NOVEMBER 2022
| [2022] FWCA 3950 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Prosegur Australia Pty Limited
(AG2022/4044)
PROSEGUR AUSTRALIA PTY LIMITED, NATIONAL SERVICE AND MONITORING CENTER ENTERPRISE AGREEMENT 2022-2025
| Road transport industry | |
| COMMISSIONER P RYAN | SYDNEY, 10 NOVEMBER 2022 |
Application for approval of the Prosegur Australia Pty Limited, National Service and Monitoring Center Enterprise Agreement 2022-2025
On 27 September 2022, Prosegur Australia Pty Limited (Employer) made an application for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, National Service and Monitoring Center Enterprise Agreement 2022-2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Late Lodgement
Section 185(3) of the FW Act states that an application for approval of an enterprise agreement must be made ‘within 14 days after the agreement is made’, or if in all the circumstances the Commission considers it fair to extend that period - within such further period as the Commission allows.
The Form F17 Declaration accompanying the application stated that the Agreement was made on 9 September 2022. The application was therefore lodged four days outside of the 14-day period.
The Employer submitted the delay was attributable to unexpected periods of personal leave taken by relevant persons within its organisation.
Having regard to all of the circumstances, I consider it fair to exercise my discretion under s.185(3)(b) of the Act to extend the time for the application to be made until 10 August 2022. An order to that effect will be issued with this decision.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining representative
The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) of the FW Act, I note that the Agreement covers the ASU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 17 November 2022. The nominal expiry date of the Agreement is 10 November 2025.
COMMISSIONER
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