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

Appendix A.

CaseChat Overview and Summary

Prosegur Australia Pty Limited, trading as Prosegur Australia Pty Limited, applied to the Fair Work Commission for approval of their Queensland, Nerang, Armoured Vehicle Operators' Enterprise Agreement 2019-2022. The application was made under the Fair Work Act 2009, seeking to have the agreement recognised as a registered enterprise agreement. The dispute involved whether the agreement met the requirements of the Fair Work Act, including the necessity for the agreement to be in writing, cover specified employees, and comply with minimum terms and conditions.

The primary legal issue before the Fair Work Commission was whether the proposed agreement satisfied the criteria for registration as a certified enterprise agreement. This included verifying that the agreement had been made in good faith and without coercion, that it contained only terms and conditions that were allowable under the Act, and that the agreement had been appropriately certified by the relevant union or by the employees if not represented by a union. Additionally, the court had to consider if the process by which the agreement was made complied with the procedural fairness requirements set out in the Fair Work Act.

In determining the matter, the Fair Work Commission examined the evidence and submissions from both parties. The Commission found that the agreement was made in good faith and without any improper influence. The agreement contained terms that were compliant with the Fair Work Act, including provisions for minimum wages, leave entitlements, and other employment conditions. The Commission was satisfied that the process by which the agreement was negotiated and certified adhered to the statutory requirements. Consequently, the Fair Work Commission approved the Prosegur Australia Pty Limited, Queensland, Nerang, Armoured Vehicle Operators' Enterprise Agreement 2019-2022 as a registered enterprise agreement.

Prosegur Australia Pty Limited T/A Prosegur Australia Pty Limited

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established