Prosegur Australia Pty Limited T/A Prosegur Australia Pty Limited

[2019] FWCA 6800

[2019] FWCA 6800

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
(AG2019/2847)

PROSEGUR AUSTRALIA PTY LIMITED, QUEENSLAND, NERANG, ARMOURED VEHICLE OPERATORS' ENTERPRISE AGREEMENT 2019-2022

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 2 OCTOBER 2019

Application for approval of the Prosegur Australia Pty Limited, Queensland, Nerang, Armoured Vehicle Operators' Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited, Queensland, Nerang, Armoured Vehicle Operators' Enterprise Agreement 2019-2022 (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.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). The employer has provided an undertaking to address this and I am satisfied that per the undertaking, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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. The undertakings are taken to be a term of the Agreement.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE505544  PR712944>

Appendix A.