DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd
(AG2015/432)

COMPASS GROUP - ESS OFFSHORE OIL & GAS (MODU) - ENTERPRISE AGREEMENT 2014

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 31 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (MODU) - 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 T/A ESS Support Services Worldwide. The Agreement is a single enterprise agreement.

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

[4] The Agreement was approved on 31 March 2015 and, in accordance with s.54, will operate from 7 April 2015. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Compass Group (Australia) Pty Ltd, the Fair Work Commission was tasked with considering the application for approval of the Compass Group - ESS Offshore Oil & Gas (MODU) - Enterprise Agreement 2014. The application was brought by the employer, Compass Group, and the dispute centred around the terms and conditions of employment for the employees involved, specifically those in the offshore oil and gas sector. The Commission had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement adequately provided for the minimum entitlements of the employees, whether it had been genuinely agreed upon by both parties, and whether it complied with the 'better off overall test'. The Commission needed to ensure that the agreement did not disadvantage the employees and that it offered terms and conditions that were no worse than those provided under the relevant awards. Additionally, the fairness and genuineness of the agreement's negotiation process was scrutinized.

After considering the submissions from both parties and the evidence presented, the Commission found that the agreement did indeed meet all the statutory requirements for approval. The terms of the agreement were deemed to provide employees with no less than the minimum entitlements required by law. The Commission was satisfied that the agreement had been genuinely negotiated between the parties, and that it passed the better off overall test, ensuring that employees were not disadvantaged by the agreement. Consequently, the Commission approved the application for the agreement to be registered, thereby setting the terms and conditions of employment for the employees involved.

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