Prosegur Australia Pty Limited T/A Prosegur Australia Pty Limited

[2020] FWCA 2700

[2020] FWCA 2700

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
(AG2020/1023)

PROSEGUR AUSTRALIA PTY LIMITED, QUEENSLAND, MOOROOKA ARMOURED VEHICLE OPERATOR, ENTERPRISE AGREEMENT 2020-2023

Road transport industry
DEPUTY PRESIDENT LAKE	BRISBANE, 1 JUNE 2020

Application for approval of the Prosegur Australia Pty Limited, Queensland, Moorooka Armoured Vehicle Operator, Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Queensland, Moorooka Armoured Vehicle Operator, Enterprise Agreement 2020-2023 (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.

[2] On 9 April 2020, Mr Peter Biagini on behalf of the Transport Workers’ Union of Australia (TWU), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the TWU supported approval of the Agreement and wants the Agreement to cover it.

[3] On 29 April 2020, I wrote to the Applicant identifying a number of matters of concern with the Agreement. The Applicant provided a detailed response to the concerns raised by the Commission on 8 May 2020.

[4] I wrote further correspondence to the Applicant on 18 May 2020 requesting additional undertakings and responses. These responses and undertakings were provided by the Applicant on 22 May 2020 and were provided to all employee bargaining representatives in the matter including the TWU.

[5] I am satisfied the responses provided by the Applicant address the matters of concern identified by the Commission.

[6] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] I observe that clause the following clauses are likely to be inconsistent with the National Employment Standards (NES):

● Clause 49.1 – Annual leave

● Clause 16.3 and 28.3 – Termination of employment

[8] However, noting the NES precedence undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[9] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[10] 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) of the Act I note that the Agreement covers the TWU.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2020. The nominal expiry date of the Agreement is 1 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A.