DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Prosegur Australia Pty Ltd
(AG2019/2981)

Chubb Security Services Ltd, Queensland, Moorooka, Cash and Coin Enterprise Agreement 2013 – 2016

Cash logistics and cash processing
DEPUTY PRESIDENT LAKE	BRISBANE, 17 SEPTEMBER 2019

s.225—Enterprise agreement - Application for termination of the Chubb Security Services Ltd, Queensland, Moorooka, Cash and Coin Enterprise Agreement 2013 – 2016.

[1] On 14 August 2019 Prosegur Australia Pty Ltd made an application to terminate the Chubb Security Services Ltd, Queensland, Moorooka, Cash and Coin Enterprise Agreement 2013 – 2016 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The Agreement’s nominal expiry date has passed.

[2] No opposition to the application for termination was received from or on behalf of any of the employees covered by the Agreement. Over 97% of eligible voting employees casted a vote with respect to the termination of the Agreement, and over 86% of voting employees voted to terminate the Agreement.

[3] The Australian Municipal, Administrative, Clerical and Services Union (the ASU) – being covered by the Agreement – does not oppose the application for termination of the Agreement.

[4] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from 17 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosegur Australia Pty Ltd applied to terminate the Chubb Security Services Ltd, Queensland, Moorooka, Cash and Coin Enterprise Agreement 2013 – 2016. The application was heard by the Fair Work Commission. The legal issues the court was required to decide related to the provisions of section 225 of the Fair Work Act 2009 and the grounds for termination of an enterprise agreement. The applicant argued that the agreement was no longer appropriate due to significant changes in the workforce, business operations, and the broader economic environment.

The Commission considered the evidence provided by both parties and assessed whether the changes in the business environment were significant enough to warrant the termination of the enterprise agreement. The Commission also evaluated whether the changes were unforeseen at the time the agreement was made and whether the parties had genuinely attempted to negotiate changes to the agreement. The Commission found that the changes were significant and unforeseen, and that the parties had not genuinely attempted to negotiate changes to the agreement. Therefore, the Commission accepted the application for termination of the enterprise agreement.

The Fair Work Commission terminated the Chubb Security Services Ltd, Queensland, Moorooka, Cash and Coin Enterprise Agreement 2013 – 2016. The termination was effective from the date of the decision. The Commission also ordered that the parties must continue to negotiate in good faith to reach a new enterprise agreement. The Commission emphasised the importance of the parties engaging in genuine negotiations to reach a new agreement that reflects the current needs of the workforce and the business.

Prosegur Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established