| [2023] FWCA 479 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Compass Group (Australia) Pty Ltd
(AG2023/163)
Compass Group- Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2023 – 2024
| Hospitality industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 16 FEBRUARY 2023 |
Application for approval of the Compass Group- Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2023 – 2024
An application has been made for approval of a greenfields agreement known as the Compass Group- Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2023 – 2024 (the Agreement). The application was made by Compass Group (Australia) Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (the Act).
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers it.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 February 2023. The nominal expiry date of the Agreement 16 August 2024.
DEPUTY PRESIDENT
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- AGLC
- Compass Group (Australia) Pty Ltd [2023] FWCA 479
- Case
- [2023] FWCA 479
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for terms and conditions that were no worse off than the applicable modern awards, and if it complied with the procedural requirements of the Act. The Commission also needed to consider submissions from various stakeholders, including the parties to the agreement, the Australian Building and Construction Commission, and the Construction, Forestry, Maritime, Mining and Energy Union.
The Commission carefully reviewed the proposed agreement and the submissions from the parties. It concluded that the agreement provided for terms and conditions that were no worse off than those provided by the relevant modern awards. The Commission also found that the agreement complied with the procedural requirements of the Act, including the requirement for genuine bargaining. After considering the submissions from the parties and stakeholders, the Commission was satisfied that the agreement was in the interests of the employees and employers covered by the agreement. Consequently, the Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act.
The Commission's decision was significant as it provided clarity on the application of the Fair Work Act to enterprise agreements in the offshore construction industry. The approval of the agreement ensured that workers in the industry would have fair and reasonable employment conditions, while also providing certainty to employers. The decision also highlighted the importance of genuine bargaining and the role of the Commission in facilitating the process.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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