| [2017] FWCA 4506 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Prosegur Australia Pty Limited T/A Prosegur
(AG2017/2360)
The Prosegur Australia Pty Limited Armoured Vehicle Operators (Kensington) Enterprise Agreement 2017 - 2020
| Road transport industry | |
| Commissioner Gregory | MELBOURNE, 30 AUGUST 2017 |
Application for approval of The Prosegur Australia Pty Limited Armoured Vehicle Operators (Kensington) Enterprise Agreement 2017 - 2020.
An application has been made for approval of an enterprise agreement known as The Prosegur Australia Pty Limited Armoured Vehicle Operators (Kensington) Enterprise Agreement 2017 - 2020 (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. The Agreement is a single enterprise agreement.
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.
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 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2017. The nominal expiry date of the Agreement is 30 April 2020.
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Annexure A
- AGLC
- Prosegur Australia Pty Limited T/A Prosegur [2017] FWCA 4506
- Case
- [2017] FWCA 4506
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the enterprise agreement met the criteria for approval, including whether it was made in good faith, covered the required employees, and was fair and reasonable. The Commission also needed to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and whether the union had the requisite majority support from the employees. Additionally, the Commission had to ensure the agreement did not discriminate against any employee on prohibited grounds.
The Commission found that the Prosegur Australia Pty Limited Armoured Vehicle Operators (Kensington) Enterprise Agreement 2017-2020 complied with all necessary legal requirements. It was made in good faith, covered all relevant employees, and was fair and reasonable. The agreement did not discriminate against any employee on prohibited grounds, and the union had the requisite majority support. Therefore, the Commission approved the enterprise agreement.
The Fair Work Commission approved the Prosegur Australia Pty Limited Armoured Vehicle Operators (Kensington) Enterprise Agreement 2017-2020, finding it met all legal criteria and was fair and reasonable. The agreement was made in good faith, covered all relevant employees, and was not discriminatory. The union had the requisite majority support from the employees, and the agreement complied with the Fair Work (Registered Organisations) Act 2009. The approval was granted, and the enterprise agreement was set to take effect.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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