[2021] FWCA 1826

The attached document replaces the document previously issued with the above code on 6 April 2021.

A typographical error in the Applicant’s name has been removed from the title and paragraph [1]

Associate to Deputy President Colman

Dated 6 April 2021

[2021] FWCA 1826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd
(AG2021/4396)

COMPASS GROUP – ESS OFFSHORE OIL & GAS (INPEX PRODUCTION) ENTERPRISE AGREEMENT 2021

Hospitality industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2021

Application for approval of the Compass Group – ESS Offshore Oil & Gas (INPEX Production) Enterprise Agreement 2021.

[1] Compass Group (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the Compass Group – ESS Offshore Oil & Gas (INPEX Production) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 April 2021 and, in accordance with s 54, will operate from 13 April 2021. The nominal expiry date of the Agreement is 22 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Compass Group (Australia) Pty Ltd for the approval of the Compass Group – ESS Offshore Oil & Gas (INPEX Production) Enterprise Agreement 2021. The dispute centred around whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with assessing the agreement to ensure it complied with the provisions of the Act and met the criteria for fair and reasonable terms and conditions of employment.

The key legal issues before the Commission included whether the agreement contained all the mandated terms and conditions as required by the Fair Work Act, whether the agreement provided for genuine bargaining, and whether it met the provisions for a fair and reasonable enterprise agreement. The Commission needed to determine whether the agreement was made in good faith and whether it was appropriately negotiated. Additionally, the Commission had to consider the views of the employees and the employer, as well as any other relevant factors.

After examining the agreement and the submissions from both parties, the Commission found that the Compass Group – ESS Offshore Oil & Gas (INPEX Production) Enterprise Agreement 2021 complied with the requirements of the Fair Work Act. The agreement was deemed to have been made in good faith, negotiated genuinely, and met the criteria for being fair and reasonable. The Commission approved the agreement based on the evidence presented and the assurances provided by both parties. Consequently, the agreement was approved, effective from the date of the decision.

The Fair Work Commission approved the Compass Group – ESS Offshore Oil & Gas (INPEX Production) Enterprise Agreement 2021. This decision concluded that the agreement met all necessary legal requirements and was fair and reasonable, thereby providing the basis for the terms and conditions of employment for the relevant employees.

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