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

[2020] FWCA 4981

[2020] FWCA 4981

FAIR WORK COMMISSION

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

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