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

Annexure A.

CaseChat Overview and Summary

Prosegur Australia Pty Limited, trading as Prosegur Australia Pty Limited, applied to the Fair Work Commission for the approval of its enterprise agreement, titled "Prosegur Australia Pty Limited, Queensland, Moorooka Armoured Vehicle Operator, Enterprise Agreement 2020-2023." The application followed negotiations between the employer and the relevant employee representatives. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 in terms of its provisions, fairness, and compliance with procedural fairness. The Commission had to determine if the agreement was appropriately negotiated and if it included necessary protections and entitlements for the employees.

The key legal issues before the Commission were whether the agreement was genuinely negotiated, if it contained all the mandatory terms and conditions, and if it adhered to the procedural fairness principles. The Commission considered if the enterprise agreement provided for appropriate minimum wages and conditions, including leave entitlements, penalty rates, and other benefits. Additionally, the Commission assessed whether the agreement was free from any unfair terms and conditions that could potentially disadvantage the employees.

In making its decision, the Commission examined the negotiation process and the contents of the agreement. It concluded that the agreement was genuinely negotiated and contained all the mandatory terms required by the Fair Work Act. The Commission found that the agreement was fair and met the standards of procedural fairness. The employer had provided comprehensive evidence of the negotiation process, and the agreement included provisions that were in line with the legislative requirements and provided adequate protections for the employees. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Prosegur Australia Pty Limited, Queensland, Moorooka Armoured Vehicle Operator, Enterprise Agreement 2020-2023. The Commission's decision was based on the evidence of genuine negotiations and the agreement's compliance with the Fair Work Act, including its provisions and procedural fairness. The approval ensures that the employees under the agreement will receive fair wages and conditions as stipulated in the enterprise agreement.

Prosegur Australia Pty Limited T/A 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