Compass Group (Australia) Pty Ltd

[2021] FWCA 5999

[2021] FWCA 5999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd
(AG2021/6885)

COMPASS GROUP & AUSTRALIAN WORKERS’ UNION - ESS OFFSHORE OIL & GAS (VICTORIA) ENTERPRISE AGREEMENT 2021

Oil and gas industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 27 SEPTEMBER 2021

Application for approval of the Compass Group & Australian Workers’ Union - ESS Offshore Oil & Gas (Victoria) Enterprise Agreement 2021.

[1] Compass Group (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Compass Group & Australian Workers’ Union - ESS Offshore Oil & Gas (Victoria) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the “better off overall” test.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives either supported or 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.

[4] Noting Undertaking 2 of the Undertakings, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application 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 27 September 2021 and, in accordance with s.54, will operate from 4 October 2021. The nominal expiry date of the Agreement is 28 September 2025.

DEPUTY PRESIDENT

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Annexure A