| [2019] FWCA 296 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Compass Group (Australia) Pty Ltd T/A Compass Group (Australia) Pty Ltd
(AG2018/5479)
COMPASS GROUP - ESS OFFSHORE OIL AND GAS (MODU) ENTERPRISE AGREEMENT 2018
Hospitality industry | |
COMMISSIONER LEE | MELBOURNE, 18 JANUARY 2019 |
Application for approval of the Compass Group - ESS Offshore Oil & Gas (MODU) - Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (MODU) - Enterprise Agreement 2018 (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 T/A Compass Group (Australia) Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Employer 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.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] 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) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2019. The nominal expiry date of the Agreement is 31 December 2019.
COMMISSIONER
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Annexure A
- AGLC
- Compass Group (Australia) Pty Ltd T/A Compass Group (Australia) Pty Ltd [2019] FWCA 296
- Case
- [2019] FWCA 296
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the enterprise agreement met the requirements under the Fair Work Act 2009, including whether it provided for the employees’ pay and conditions in a manner that was fair and reasonable, and if it contained all the necessary minimum terms and conditions prescribed by law. The Commission also considered the fairness of the agreement, including whether it provided for the employees' pay and conditions in a manner that was fair and reasonable.
The Fair Work Commission found that the enterprise agreement was generally fair and reasonable, providing for the employees’ pay and conditions in a manner that was fair and reasonable. The Commission was satisfied that the agreement contained all the necessary minimum terms and conditions prescribed by law. Furthermore, the Commission considered the need for the agreement to allow for flexibility and adaptability in the unique working environment of the offshore oil and gas industry. The Commission concluded that the agreement provided for an appropriate balance between the needs of the employer and the rights of the employees.
As a result of the findings, the Fair Work Commission approved the Compass Group - ESS Offshore Oil & Gas (MODU) - Enterprise Agreement 2018. The agreement is now legally binding on the parties involved and will govern the employment terms and conditions of the employees within the specified scope.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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