DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS
(AG2019/2979)

COMPASS GROUP - ESS OFFSHORE OIL & GAS (WOODSIDE PLATFORMS) ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER JOHNS	MELBOURNE, 29 AUGUST 2019

Application for approval of the Compass Group - ESS Offshore Oil & Gas (Woodside Platforms) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (Woodside Platforms) Enterprise Agreement 2019 (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 ESS. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 1 January 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Compass Group (Australia) Pty Ltd, trading as ESS, applied for approval of the Compass Group - ESS Offshore Oil & Gas (Woodside Platforms) Enterprise Agreement 2019. The dispute was between the employer, Compass Group, and the trade union, United Voice, representing the employees. The application was brought before the Commission in light of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a "single enterprise agreement," if it was "in the best interests of the employees," and if it contained the required minimum terms and conditions of employment. The Commission had to consider the application and the submissions made by both parties to determine if the agreement met the statutory requirements for approval.

The Fair Work Commission considered the provisions of the agreement and the submissions from both parties. The Commission found that the agreement was a single enterprise agreement, as it covered all employees within the defined enterprise. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, as it contained all the required minimum terms and conditions of employment, as stipulated in the Fair Work Act 2009.

The Fair Work Commission approved the Compass Group - ESS Offshore Oil & Gas (Woodside Platforms) Enterprise Agreement 2019, effective from 1 July 2019. The decision was made on 23 June 2020 and is binding on all parties involved. The Commission's decision ensures that the employees are protected under the agreement and that the employer complies with the statutory requirements.

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