| [2023] FWCA 401 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Compass Group (Australia) Pty Ltd T/A Compass Group
(AG2023/71)
Compass Group - ESS Offshore Oil & Gas (Woodside Platforms) Enterprise Agreement 2022
| Hospitality industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 13 FEBRUARY 2023 |
Application for approval of the Compass Group - ESS Offshore Oil & Gas (Woodside Platforms) Enterprise Agreement 2022
Compass Group (Australia) Pty Ltd T/A Compass Group (the Applicant) has made an application for the approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (Woodside Platforms) Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Australian Workers’ Union (the organisation), 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 organisation is covered by the Agreement.
The Agreement was approved on 13 February 2023 and, in accordance with s 54, will operate from 20 February 2023. The nominal expiry date of the Agreement is 13 February 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519126 PR750333>
Annexure A
- AGLC
- Compass Group (Australia) Pty Ltd T/A Compass Group [2023] FWCA 401
- Case
- [2023] FWCA 401
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed by the Commission involved the procedural validity of the agreement, the fairness of the terms proposed, and whether the agreement complied with the statutory provisions of the Fair Work Act. The Commission had to assess if the agreement was genuinely negotiated and if it provided adequate protections for the employees. The procedural fairness of the agreement was particularly scrutinised to ensure that it was made without any undue influence or coercion. Additionally, the Commission examined whether the agreement contained terms that were consistent with the national minimum standards and if it offered fair remuneration and conditions for the employees.
In reaching its decision, the Fair Work Commission found that the agreement was indeed genuinely negotiated and did not contain any unfair terms. The Commission noted that the agreement provided for fair wages, reasonable working hours, and comprehensive conditions for the employees working in the offshore oil and gas sector. The procedural fairness was upheld, as there was evidence that the agreement was made without any undue influence. Consequently, the Commission approved the agreement, finding it to be in compliance with the statutory requirements. The agreement was then registered, ensuring that the employees were provided with fair terms and conditions of employment.
The final order of the Fair Work Commission was that the Compass Group - ESS Offshore Oil & Gas (Woodside Platforms) Enterprise Agreement 2022 be approved and registered under the Fair Work Act 2009. This decision ensured that the employees of Compass Group working in the offshore oil and gas sector were covered by an enterprise agreement that met the legal standards for fairness and compliance.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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