DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited
(AG2021/6526)

PROSEGUR AUSTRALIA PTY LIMITED, KENSINGTON DEPOT ARMOURED VEHICLE OPERATORS’ ENTERPRISE AGREEMENT 2021 – 2024

Security services
COMMISSIONER WILSON	MELBOURNE, 24 AUGUST 2021

Application for approval of the Prosegur Australia Pty Limited, Kensington Depot Armoured Vehicle Operators’ Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Kensington Depot Armoured Vehicle Operators’ Enterprise Agreement 2021 - 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 Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2021. The nominal expiry date of the Agreement is 24 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Prosegur Australia Pty Limited applied to the Fair Work Commission to approve the Prosegur Australia Pty Limited, Kensington Depot Armoured Vehicle Operators’ Enterprise Agreement 2021-2024. The applicant sought to finalise the terms of employment for armoured vehicle operators at its Kensington depot. The application was opposed by the Transport Workers Union of Australia, which represented some of the employees at the depot.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement complied with the Fair Work Act 2009. The Commission had to determine whether the agreement met the requirements for good faith bargaining and whether it contained provisions that were contrary to public policy or not genuinely agreed upon by the parties. Additionally, the Commission considered whether the agreement adequately covered the rights and obligations of the employees and the employer.

The Fair Work Commission found that the agreement was made in good faith and did not contravene any public policy. The Commission was satisfied that the parties had genuinely agreed upon the terms of the agreement. The Commission noted that the agreement contained provisions that were consistent with industry standards and provided adequate protections for the employees. The Commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Prosegur Australia Pty Limited, Kensington Depot Armoured Vehicle Operators’ Enterprise Agreement 2021-2024, effective from 1 July 2021 for a period of three years. The agreement provides for the terms and conditions of employment for armoured vehicle operators at the Kensington depot, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The agreement also includes provisions for the establishment of a joint health and safety committee and a training and development program for employees.

Prosegur Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established