Prosegur Australia Pty Limited

[2014] FWCA 4931

[2014] FWCA 4931

The attached document replaces the document previously issued with the above code on 31 July 2014.

The name of the Agreement in paragraph one has been corrected.

Associate to Commissioner Gregory

Dated 31 July 2014

[2014] FWCA 4931

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Prosegur Australia Pty Limited
(AG2014/6298)

CSS VIC AND TAS ATM FLR TECHNICIAN CA 2008-2011

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 31 JULY 2014

Application for termination of the CSS VIC and TAS ATM FLR Technician CA 2008-2011.

[1] On 3 June 2014 Prosegur Australia Pty Limitedfiled an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”) to terminate the CSS VIC and TAS ATM FLR Technician CA 2008-2011. (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] In having regard to the requirements of s.226 of the Fair Work Act 2009 and based on the material that is before me (which includes a statutory declaration from the Employer), I am satisfied that:

• it is not contrary to the public interest to terminate the Agreement; and



• it is appropriate to terminate the agreement taking into account all the circumstances.

[5] I also note that the Australian Municipal, Administrative, Clerical and Services Union has reviewed the declaration made by the employer and based on the fact that the Agreement does not cover any employees they do not oppose the application.

[6] In accordance with s.227 of the Fair Work Act 2009, the termination will take effect from the date of this decision.

COMMISSIONER

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