DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd
(AG2015/1200)

COMPASS GROUP - ESS OFFSHORE OIL & GAS (NORTHERN ENDEAVOUR FPSO) ENTERPRISE AGREEMENT 2014

Hospitality industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2015

Application for approval of the Compass Group - ESS Offshore Oil & Gas (Northern Endeavour FPSO) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (Northern Endeavour FPSO) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Compass Group (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 May 2015 and, in accordance with s.54, will operate from 1 June 2015. The nominal expiry date of the Agreement is 25 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Compass Group (Australia) Pty Ltd, the applicant, seeking approval for the Enterprise Agreement with ESS Offshore Oil & Gas (Northern Endeavour FPSO). The Fair Work Commission was the tribunal tasked with approving the agreement, given its potential impact on the employment terms of the workers involved. The dispute centred on whether the proposed terms and conditions of the agreement met the necessary criteria under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the procedural and substantive requirements for approval, including whether it provided for the fair remuneration and conditions of employment for the workers.

The legal issues that the Commission had to resolve included verifying that the agreement had been made in good faith, ensuring it covered a specified group of employees, and confirming that it contained the minimum terms and conditions as required by the Act. The applicant needed to demonstrate that the agreement was fair and reasonable, considering the interests of both the employer and the employees. The Commission also examined whether there was adequate representation of the employees in the negotiation process and if the agreement had been properly presented to the employees for their consideration.

In reaching its decision, the Fair Work Commission carefully reviewed the negotiation process, the content of the agreement, and the level of employee representation. The Commission found that the agreement was made in good faith, with adequate representation of the employees, and that it contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement provided for fair remuneration and conditions of employment. Consequently, the Commission approved the Enterprise Agreement, deeming it compliant with the statutory requirements.

The final orders of the Fair Work Commission were to approve the Compass Group - ESS Offshore Oil & Gas (Northern Endeavour FPSO) Enterprise Agreement 2014, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would govern the employment of the workers involved, subject to any further variations or amendments that may be made in the future.

Compass Group (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