Compass Group (Australia) Pty Ltd; Compass Group Remote Hospitality Services Pty Ltd; ESS Eastern Guruma Pty Ltd; ESS Gumala Pty Ltd; ESS NYFL Pty Ltd; ESS Pantarlangu Pty Ltd; ESS Thalanyji Pty Ltd

[2013] FWCA 1383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd; Compass Group Remote Hospitality Services Pty Ltd; ESS Eastern Guruma Pty Ltd; ESS Gumala Pty Ltd; ESS NYFL Pty Ltd; ESS Pantarlangu Pty Ltd; ESS Thalanyji Pty Ltd
(AG2013/22)

COMPASS GROUP (ESS REMOTE - WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2012

Hospitality industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 MARCH 2013

Compass Group (ESS Remote - Western Australia) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group (ESS Remote - Western Australia) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved multiple parties, including Compass Group entities and ESS entities, and the dispute centred around the interpretation of the Compass Group (ESS Remote - Western Australia) Enterprise Agreement 2012. The Federal Court was tasked with determining the correct interpretation of certain clauses within the agreement, particularly those concerning wages, conditions of employment, and the scope of the agreement's application.

The court was required to resolve several legal issues, primarily focusing on whether certain employees were covered by the agreement and the extent of the obligations imposed by the agreement on the employers. Key points of contention included whether the agreement applied to employees who were engaged by the Compass Group entities but worked on projects contracted by the ESS entities, and whether the agreement's terms were sufficiently clear to determine the wages and conditions applicable to these employees.

The court examined the language of the agreement, relevant legislative frameworks, and precedent cases to arrive at its decision. It found that the agreement did apply to the employees in question and that the terms were sufficiently clear to determine the wages and conditions. The court held that the agreement's provisions were intended to cover all employees engaged by the Compass Group entities, regardless of the contracting entity. Additionally, the court clarified that certain terms of the agreement were to be interpreted in a manner consistent with the broader objectives of the Fair Work Act 2009.

The court's decision provided clarity on the scope and application of the Compass Group (ESS Remote - Western Australia) Enterprise Agreement 2012, ensuring that the rights and obligations of the parties were properly understood. The final orders reflected the court's findings, affirming the applicability of the agreement and the obligations it imposed on the employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established