DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosegur Australia Pty Limited T/A Prosegur Australia Pty Limited
(AG2017/87)

PROSEGUR AUSTRALIA PTY LIMITED ARMOURED VEHICLE OPERATORS (LANE COVE, NEWCASTLE, SMITHFIELD, BRACHES) ENTERPRISE AGREEMENT 2017 - 2019

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 27 MARCH 2017

Application for approval of the Prosegur Australia Pty Limited Armoured Vehicle Operators (Lane Cove, Newcastle, Smithfield, Branches) Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Prosegur Australia Pty Limited Armoured Vehicle Operators (Lane Cove, Newcastle, Smithfield, Branches) Enterprise Agreement 2017-2019 (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 T/A Prosegur Australia Pty Limited. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2017. The nominal expiry date of the Agreement is 16 January 2020.

COMMISSIONER

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 approval of the Prosegur Australia Pty Limited Armoured Vehicle Operators (Lane Cove, Newcastle, Smithfield, Branches) Enterprise Agreement 2017-2019. The dispute arose from the negotiation and proposed implementation of the enterprise agreement within the armoured vehicle sector, specifically concerning the terms and conditions of employment for employees in certain branches. The Fair Work Commission was tasked with determining whether the proposed agreement was suitable for approval under the Fair Work Act 2009. The primary legal issue was whether the agreement complied with the requirements set out in the Act, including whether it contained all the prescribed terms, was free from prohibited content, and met the genuine agreement criteria.

The Commission examined the agreement to ensure it included all prescribed terms, such as minimum wages, penalty rates, and allowable deductions. It also assessed whether the agreement contained any content prohibited by the Act, such as terms that undermine the right to freedom of association or are otherwise contrary to public policy. Additionally, the Commission considered whether the agreement was genuinely negotiated between the employer and the employees' representative and whether it met the 'better off overall' test, ensuring employees were not worse off under the agreement than they would be under the applicable award or safety net award. The Commission found that the agreement satisfied all the legislative criteria and did not contain any prohibited content. The terms and conditions were considered fair and reasonable, and the agreement was genuinely negotiated. The employees were found to be better off overall, with no detriment to their existing conditions.

Consequently, the Commission approved the Prosegur Australia Pty Limited Armoured Vehicle Operators (Lane Cove, Newcastle, Smithfield, Branches) Enterprise Agreement 2017-2019. The decision was made on the basis that the agreement met all the statutory requirements and was beneficial to the employees. The approval means that the terms and conditions set out in the agreement will govern the employment of the relevant employees during the specified period.

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