Prosegur Australia Pty Limited Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited was before the Fair Work Commission in an application to terminate the CSS VIC and TAS ATM FLR Technician CA 2008-2011. The dispute involved the classification of technicians employed by Prosegur in Victoria and Tasmania under the relevant award. The key issue was whether these technicians should be classified under the position of ATM Cash-in-Transit Technician as outlined in the CSS VIC and TAS ATM FLR Technician CA 2008-2011 or if they should be reclassified under a different position with potentially different pay rates and conditions.

The legal issues before the Commission were whether the technicians' roles and responsibilities sufficiently aligned with the duties specified in the ATM Cash-in-Transit Technician classification or if they warranted a different classification. The Commission considered the technicians' job descriptions, duties, and the nature of their work to determine if the existing classification accurately reflected their roles. The evidence presented by Prosegur and the union representing the technicians was thoroughly examined to ascertain whether the current classification was appropriate or if a change was warranted.

The Commission concluded that the classification of the technicians under the ATM Cash-in-Transit Technician position was appropriate and did not need to be altered. The technicians' roles and duties were found to align with the award's description, and there was insufficient evidence to support a reclassification. The Commission emphasised the importance of maintaining accurate classifications to ensure fair and consistent application of award conditions across the industry. As a result, the application for termination of the CSS VIC and TAS ATM FLR Technician CA 2008-2011 was dismissed.

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