Prosegur Australia Pty Limited

[2022] FWCA 3858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Prosegur Australia Pty Limited

(AG2022/4160)

Prosegur Australia Pty Limited, Toowoomba Armoured Vehicle Operators’ Enterprise Agreement 2022 – 2024

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 3 NOVEMBER 2022

Application for approval of the Prosegur Australia Pty Limited, Toowoomba Armoured Vehicle Operators’ Enterprise Agreement 2022-2024

An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Toowoomba Armoured Vehicle Operators’ Enterprise Agreement 2022-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prosegur Australia Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Limited sought approval of an enterprise agreement from the Fair Work Commission. The agreement was made between Prosegur Australia Pty Limited and the Australian Services Union, representing employees in the armoured vehicle operator sector. The dispute arose over the terms and conditions set out in the agreement, which the union claimed did not adequately address certain employee rights and protections.

The Fair Work Commission was required to determine whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The union argued that the agreement failed to meet these criteria, particularly in relation to employee entitlements and procedural fairness.

In its decision, the Commission considered the evidence presented by both parties and examined the provisions of the enterprise agreement. The Commission concluded that while there were some areas of concern, the overall agreement did meet the necessary standards under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith without coercion. The Commission approved the enterprise agreement, noting that it would be subject to ongoing review and potential amendments if necessary.

The Fair Work Commission approved the Prosegur Australia Pty Limited, Toowoomba Armoured Vehicle Operators’ Enterprise Agreement 2022-2024, subject to the conditions and terms outlined in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established