Compass Group (Australia) Pty Ltd Summary

[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

Annexure A

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

2 Ibid.

CaseChat Overview and Summary

In the matter of Compass Group (Australia) Pty Ltd, the Fair Work Commission was presented with an application to approve the Compass Group (ESS Remote - Queensland and Northern Territory) Enterprise Agreement 2021. The dispute arose between Compass Group, an employer in the food services industry, and the Retail and Fast Food Workers Union, representing employees in remote areas of Queensland and the Northern Territory. The application sought the Fair Work Commission's approval of the proposed agreement, which outlined the terms and conditions of employment for the relevant employees.

The central legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the appropriate minimum terms, was free from any unlawful content, and did not include any provisions that would have an adverse effect on the employees' working conditions. The Commission also considered the fairness of the agreement in terms of the balance of bargaining power between the parties and whether the agreement promoted high levels of productivity, efficient and productive workplaces, and harmonious workplace relations.

The Fair Work Commission, in assessing the agreement, found that it met the necessary legal requirements and did not contain any unlawful content. The Commission noted that the agreement provided for the appropriate minimum terms and conditions of employment and was not detrimental to the employees' working conditions. Furthermore, the Commission determined that the agreement was fair, taking into account the balance of bargaining power between the parties and the overall promotion of productivity, efficient and productive workplaces, and harmonious workplace relations. Consequently, the Commission approved the Compass Group (ESS Remote - Queensland and Northern Territory) Enterprise Agreement 2021, thereby resolving the dispute in favour of the employer.

Compass Group (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established