| [2022] FWCA 2764 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Compass Group (Australia) Pty Ltd T/A Compass Group Remote Hospitality Services Pty Ltd
(AG2022/3096)
Compass Group – ESS Offshore Oil & Gas (Wheatstone Platform) Enterprise Agreement 2022
| Hospitality industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 16 AUGUST 2022 |
Application for approval of the Compass Group – ESS Offshore Oil & Gas (Wheatstone Platform) Enterprise Agreement 2022
Compass Group (Australia) Pty Ltd T/A Compass Group Remote Hospitality Services Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Compass Group – ESS Offshore Oil & Gas (Wheatstone Platform) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to 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 representative’s 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 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 16 August 2022 and, in accordance with s 54, will operate from 23 August 2022. The nominal expiry date of the Agreement is 16 August 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517024 PR744805>
Annexure A
- AGLC
- Compass Group (Australia) Pty Ltd T/A Compass Group Remote Hospitality Services Pty Ltd [2022] FWCA 2764
- Case
- [2022] FWCA 2764
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the FWC were whether the agreement complied with the procedural requirements for its approval and whether it met the "better off overall test" (BOOT). The FWC had to determine if the agreement provided employees with terms and conditions at least as favourable as the applicable award or registered agreement. This included assessing whether the agreement provided a minimum wage increase and if the changes to the working conditions were fair and reasonable. The dispute also involved the interpretation of specific clauses within the agreement, such as those relating to shifts, leave, and dispute resolution.
The FWC concluded that the application met the procedural requirements for approval, as it was properly certified and there was evidence of genuine agreement. Regarding the BOOT, the FWC found that the agreement provided employees with an overall benefit, as it included a wage increase and improved conditions in certain areas. The FWC noted that while some employees might experience reduced conditions in specific respects, the overall package was considered fair and reasonable. The FWC was satisfied that the agreement met the necessary standards under the Fair Work Act.
The FWC approved the Compass Group – ESS Offshore Oil & Gas (Wheatstone Platform) Enterprise Agreement 2022, effective from the date of the decision. This decision confirmed the validity of the agreement and its terms, which would now apply to the relevant employees.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.