Prosegur Australia Pty Limited T/A Prosegur Australia Pty Limited

[2019] FWCA 5056

[2019] FWCA 5056

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
(AG2019/1891)

PROSEGUR AUSTRALIA PTY LTD, QUEENSLAND, TOOWOOMBA, ARMOURED VEHICLE OPERATORS' ENTERPRISE AGREEMENT 2019 - 2022

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 19 JULY 2019

Application for approval of the Prosegur Australia Pty Limited, Queensland, Toowoomba, Armoured Vehicle Operators' Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Ltd Queensland, Toowoomba 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 (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at Clause 1 in that it incorrectly identified the title of the Agreement and it did not include a signature on behalf of the Applicant on the signatories’ page. On 12 July 2019, the Applicant filed an amended Agreement rectifying the incorrect Agreement reference in the title clause and including the signature on behalf of the employer on the signatories’ page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Subject to concerns 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.

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

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

•  Clause 23.5.2 – Notice of termination

•  Clause 25 – Abandonment of employment

However, noting the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 19 July 2022.

COMMISSIONER

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