Transport Workers' Union of Australia v Prosegur Australia Pty Limited T/A Prosegur Australia

[2016] FWC 2490

[2016] FWC 2490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v
Prosegur Australia Pty Limited T/A Prosegur Australia
(B2016/452)

DEPUTY PRESIDENT BULL SYDNEY, 19 APRIL 2016

Proposed protected action ballot of employees of Prosegur Pty Ltd.

[1] These are the reasons accompanying Order [PR579196] issued on 18 April 2016.

[2] On 13 April 2016, an application pursuant to s.437 of the Fair Work Act 2009 (theAct) was filed by the Transport Workers’ Union of Australia (TWU) for a protected action ballot order in relation to certain employees of Prosegur Australia Pty Limited trading as Prosegur Australia (Prosegur/employer).

[3] The employees to be balloted are those employees of Prosegur who are members of the TWU and for whom the TWU is a bargaining representative and who work at the following depots;

1. 12 Yanga Road Beresfield NSW 2322;

2. 702 Mowbray Road Lanecove NSW 2066;

3. 14 Long Street Smithfield NSW 2164.

[4] By way of letter dated 15 April 2016, Stevens & Associates Lawyers, acting on behalf of Prosegur, advised that it intended to object to the TWU application. I subsequently issued directions for the filing of material and set the matter down for hearing on Monday, 18 April 2016.

[5] On 18 April 2016, Mr Adam Guy of the TWU advised by email that discussions had occurred between the TWU and Prosegur resulting in the parties reaching an agreed position. In that email, Mr Guy filed an amended draft order reflecting the agreed position of the parties and attaching evidence of the respondent’s complicity in the granting of the amended draft order. Subsequently, I determined the matter on the basis of the documentation filed.

[6] In support of its application, the TWU filed a statement made by Peter Lane (dated 13 April 2016) Union Organiser for the TWU and representative for members of the TWU employed by Prosegur. Mr Lane’s statement advises that the current enterprise agreement – Chubb Security Services Limited Armoured Vehicle & Other Operations (Lane Cove, Newcastle, Smithfield, and Heathcote Branches) Enterprise Agreement 2011 - 2014 expired on 30 June 2014. Mr Lane stated that a number of negotiations and discussions have been convened between Prosegur and TWU delegates in the negotiating of a new replacement agreement. These include meetings being held on:

1. 8 July 2015;

2. 13 July 2015;

3. 30 July 2015;

4. 5 August 2015;

5. 12 August 2015;

6. 2 September 2015;

7. 16 September 2015;

8. 17 November 2015;

9. 19 February 2016; and

10. 18 March 2016.

[7] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the TWU, that the TWU has been and is, genuinely trying to reach an agreement with Prosegur.

[8] Having regard to the evidence before me, I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made.

[9] An Order [PR579196] based on the amended draft Order provided by the TWU was issued on 18 April 2016.

DEPUTY PRESIDENT

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