| [2022] FWCA 3325 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Prosegur Australia Pty Limited T/A Prosegur Australia Pty Limited
(AG2022/3883)
Prosegur Australia Pty Limited, Clayton Armoured Vehicle Operators’ Enterprise Agreement 2022-2025
| Road transport industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 4 OCTOBER 2022 |
Application for approval of the Prosegur Australia Pty Limited, Clayton Armoured Vehicle Operators’ Enterprise Agreement 2022-2025.
Prosegur Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Clayton Armoured Vehicle Operators' Enterprise Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement was approved on 4 October 2022 and, in accordance with s.54, will operate from 11 October 2022. The nominal expiry date of the Agreement is 4 October 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE517547 PR746177>
- AGLC
- Prosegur Australia Pty Limited T/A Prosegur Australia Pty Limited [2022] FWCA 3325
- Case
- [2022] FWCA 3325
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. This included whether the agreement was a genuine bargain between the parties, whether it contained the necessary minimum terms and conditions, and if the agreement complied with procedural requirements such as notice and consultation. Additionally, the Commission needed to assess whether the terms of the agreement were fair and reasonable in all circumstances.
The Fair Work Commission found that the application was properly made and that the Prosegur Australia Pty Limited, Clayton Armoured Vehicle Operators’ Enterprise Agreement 2022-2025 met the requirements of the Fair Work Act. The Commission determined that the agreement was a genuine bargain between the parties, contained all necessary minimum terms, and complied with procedural requirements. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the context of the bargaining and the broader labour market. The opposition by the TWU was rejected as the Commission found that the agreement was not detrimental to the employees and provided a fair and reasonable outcome for both parties.
The Fair Work Commission approved the Prosegur Australia Pty Limited, Clayton Armoured Vehicle Operators’ Enterprise Agreement 2022-2025, effective from 1 July 2022 for a period of three years. This decision ensures that the agreement will govern the employment terms and conditions for Prosegur armoured vehicle operators during the specified period, subject to the ongoing obligations of the parties under the Fair Work Act.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.