Compass Group (Australia) Pty Ltd; Compass Group Remote Hospitality Services Pty Ltd T/A ESS Support Services Worldwide

[2013] FWCA 3127

[2013] FWCA 3127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Compass Group (Australia) Pty Ltd; Compass Group Remote Hospitality Services Pty Ltd T/A ESS Support Services Worldwide
(AG2013/624)

COMPASS GROUP (ESS REMOTE - QUEENSLAND) ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 17 MAY 2013

Application for approval of the Compass Group (ESS Remote - Queensland) Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Compass Group (ESS Remote - Queensland) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Compass Group (Australia) Pty Ltd; Compass Group Remote Hospitality Services Pty Ltd t/a ESS Support Services Worldwide. The agreement is a single-enterprise agreement.

[2] The application for approval was opposed by United Voice on grounds set out in a Form F18 - Declaration of Employee Organisation in Relation to an Application for Approval of Enterprise Agreement. A hearing was conducted to allow United Voice to make submissions and call evidence in relation to its opposition to the approval of the Agreement.

[3] After considering the material tendered by United Voice at the hearing, and the submissions of Compass Pty Ltd and the Australian Workers Union of Employees in support of the approval of the Agreement, I have decided to approve the Agreement. A decision setting out my reasons for deciding to approve the Agreement will issue in the near future.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation does not want the Agreement to cover it. The Australian Workers’ Union, also a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers The Australian Workers’ Union.

[6] The Agreement is approved and, in accordance with s.54, will operate from 24 May 2013. The nominal expiry date of the Agreement is 17 May 2017.

DEPUTY PRESIDENT

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