| [2024] FWCA 4118 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Compass Group (Australia) Pty Ltd T/A Compass Group
(AG2024/4183)
COMPASS GROUP ESS OFFSHORE OIL & GAS (NORTHERN ENDEAVOUR FPSO) ENTERPRISE AGREEMENT 2022
| Hospitality industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 25 NOVEMBER 2024 |
Application for variation of the Compass Group ESS Offshore Oil & Gas (Northern Endeavour FPSO) Enterprise Agreement 2022
Compass Group (Australia) Pty Ltd T/A Compass Group (Applicant) has made an application to the Fair Work Commission (Commission) under s.210 of the Fair Work Act 2009 (Cth) (the Act) for a variation to the Compass Group ESS Offshore Oil & Gas (Northern Endeavour FPSO) Enterprise Agreement 2022 (Agreement).
The proposed variation seeks to vary one clause, and seven separate tables in Schedule A, in the Agreement. The details of the variation are attached to this decision as Annexure A.
I am satisfied that the requirements of ss 210 and 211 of the Act as relevant to this application have been met. The Agreement as varied did not contain a delegates’ rights clause. Consistent with s.205A of the Act, the delegates’ rights clause from the Hospitality Industry (General) Award 2020 is taken to be a term of the Agreement.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216, the variation shall operate from 25 November 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517389 PR781659>
Annexure A:
- AGLC
- Compass Group (Australia) Pty Ltd T/A Compass Group [2024] FWCA 4118
- Case
- [2024] FWCA 4118
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the proposed changes to the enterprise agreement were genuinely for the purpose of facilitating a genuine enterprise agreement, and whether the changes were necessary to ensure the continued viability of the business. Additionally, the Commission had to consider the impact of the proposed changes on the employees and whether any adverse effects could be mitigated. The central question was whether the changes aligned with the principles of good faith bargaining and the broader objectives of the Fair Work Act.
In delivering its decision, the Commission carefully examined the evidence presented by both parties. It found that the proposed changes were necessary to address significant economic pressures and operational inefficiencies. The Commission concluded that the changes were in the best interests of the enterprise and would not adversely affect the employees to an unacceptable degree. It was determined that the changes were consistent with the objectives of the Fair Work Act, and therefore, the application for variation was granted. The Commission's decision balanced the need for business viability with the protection of employees' rights and interests.
The final orders of the Commission included the approval of the variation to the enterprise agreement, effective from the date specified in the application. The new terms and conditions outlined in the varied agreement were to be implemented, subject to the conditions and protections provided under the Fair Work Act. The decision provided clarity and certainty for both Compass Group and its employees, ensuring that the enterprise could navigate the economic challenges while maintaining fair and reasonable workplace practices.
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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