DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A Compass Group
(AG2020/2244)

COMPASS GROUP – ESS OFFSHORE OIL & GAS (WOODSIDE FPSOS) ENTERPRISE AGREEMENT 2020

Hospitality industry
COMMISSIONER PLATT	ADELAIDE, 16 SEPTEMBER 2020

Application for approval of the Compass Group - ESS Offshore Oil & Gas (Woodside FPSOs) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (Woodside FPSOs) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Compass Group (Australia) Pty Ltd T/A Compass Group (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 August 2020.

[3] On 19 August 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 27 August 2020. The undertaking deals with the following topics:

• The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

• The Applicant has inserted a NES precedence clause.

• Clause 8.1 (Termination of Employment) of the Agreement will not operate in a manner inconsistent with s.117(3)(b) of the Act.

• Clause 8.4 (Termination of Employment) of the Agreement will not operate in a manner inconsistent with s.123(c) of the Act.

• Clause 9.3 (Redundancy) of the Agreement will not operate in a manner inconsistent with Chapter 2 Part 2-2 Division 11 of the Act.

• Clause 36.2 (Domestic Violence) of the Agreement will not operate in a manner inconsistent with s.12 and s.106B of the Act.

• Clause 36.6 (Domestic Violence) of the Agreement will not operate in a manner inconsistent with s.106(B)(1) of the Act.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The Construction, Forestry, Maritime, Mining and Energy 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 this organisation.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Compass Group (Australia) Pty Ltd, trading as Compass Group, applied to the Fair Work Commission for approval of a new enterprise agreement with its employees. The application was opposed by the Australian Council of Trade Unions, which argued that the agreement was not in the best interests of the employees. The Fair Work Commission heard the matter and was required to determine whether the proposed enterprise agreement met the statutory requirements and was in the best interests of the employees.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission considered the provisions of the Act that required it to approve an enterprise agreement if it was satisfied that the agreement met the "better off overall test" and was made in good faith. The Commission also considered whether the agreement contained the minimum terms and conditions required by law.

The Commission found that the proposed enterprise agreement met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits, including wage increases and improved working conditions, and that it had been negotiated in good faith. The Commission also found that the agreement contained all the minimum terms and conditions required by law. Accordingly, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Compass Group - ESS Offshore Oil & Gas (Woodside FPSOs) Enterprise Agreement 2020. The Commission found that the agreement met the statutory requirements and was in the best interests of the employees. The Commission also found that the agreement contained all the minimum terms and conditions required by law.

Compass Group (Australia) Pty Ltd T/A Compass Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established