Compass Group (Australia) Pty Ltd

[2021] FWCA 6680

[2021] FWCA 6680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd
(AG2021/8059)

COMPASS GROUP (ESS REMOTE - QUEENSLAND AND NORTHERN TERRITORY) ENTERPRISE AGREEMENT 2021

Hospitality industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 NOVEMBER 2021

Application for approval of the Compass Group (ESS Remote - Queensland and Northern Territory) Enterprise Agreement 2021.

[1] Compass Group (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Compass Group (ESS Remote - Queensland and Northern Territory) Enterprise Agreement 2021(the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that complied with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). After the application was filed, an amended signature page was filed by a bargaining representative with a request that the application be amended to include the additional signature. I consider it appropriate in the circumstances to allow a correction or amendment to the application and do so pursuant to s.586(b), noting the Agreement when made did not include any signatures. 1

[3] Since the application was made, the Commission inquired about whether the pre-approval requirements were met and raised concerns about whether the Agreement passes the “better off overall” test. Further evidence and information was provided in relation to matters.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further evidence and information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 16 November 2021 and, in accordance with s.54, will operate from 23 November 2021. The nominal expiry date of the Agreement is 16 November 2025.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 2

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513869  PR735748>

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501.

 2   Ibid.