DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS
(AG2019/3242)

COMPASS GROUP (ESS CANNINGTON) ENTERPRISE AGREEMENT 2019

Hospitality industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 26 NOVEMBER 2019

Application for approval of the Compass Group (ESS Cannington) Enterprise Agreement 2019.

[1] Compass Group (Australia) Pty Ltd T/A ESS (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Compass Group (ESS Cannington) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 3 December 2019. The nominal expiry date of the Agreement is 26 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) heard an application for the approval of the Compass Group (ESS Cannington) Enterprise Agreement 2019. The applicant, Compass Group (Australia) Pty Ltd trading as ESS, sought to have the agreement approved, which was entered into with the Australian Services Union (ASU), representing employees of Compass Group. The dispute centred around the terms and conditions of employment, including wages, working hours, and other employment-related matters. The primary issue before the FWC was whether the agreement complied with the relevant legislative requirements, specifically the Fair Work Act 2009, and whether it was made in good faith and without coercion.

The FWC considered whether the agreement was a genuine enterprise agreement, whether it contained all the required terms and conditions, and whether it complied with the procedural requirements of the Act. The Commission also examined if the agreement provided for the fair and efficient resolution of workplace issues and if it was made in good faith. The evidence presented by both parties included witness testimonies, documentary evidence, and submissions on the compliance and fairness of the agreement.

After thorough consideration of the evidence and arguments presented, the FWC found that the agreement was a genuine enterprise agreement that complied with all legislative requirements. The FWC determined that the agreement contained all the necessary terms and conditions and was made in good faith without coercion. The Commission concluded that the agreement provided for the fair and efficient resolution of workplace issues and met all the criteria for approval under the Act.

The FWC approved the Compass Group (ESS Cannington) Enterprise Agreement 2019, effective from 1 April 2019. The agreement was registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the agreement.

Compass Group (Australia) Pty Ltd T/A ESS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established