Compass Group (Australia) Pty Ltd T/A ESS

Case [2019] FWCA 5532
[2019] FWCA 5532
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS
(AG2019/2725)

COMPASS GROUP - ESS OFFSHORE OIL & GAS (WHEATSTONE PLATFORM) ENTERPRISE AGREEMENT 2019

Hospitality industry

COMMISSIONER JOHNS

MELBOURNE, 8 AUGUST 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (Wheatstone Platform) 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2019. The nominal expiry date of the Agreement is 7 August 2022.

COMMISSIONER

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Details
AGLC
Compass Group (Australia) Pty Ltd T/A ESS [2019] FWCA 5532
Case
[2019] FWCA 5532
Decision Date

CaseChat Overview and Summary

The applicant, Compass Group (Australia) Pty Ltd trading as ESS, sought approval of the Compass Group - ESS Offshore Oil & Gas (Wheatstone Platform) Enterprise Agreement 2019 in the Fair Work Commission. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 and provided fair terms and conditions for the employees covered by the agreement. The dispute centred on the process and merits of approving the enterprise agreement.

The Commission needed to determine whether the agreement complied with the legal requirements set out in the Fair Work Act 2009. This included verifying that the application process was followed correctly, and that the agreement itself met the criteria for approval. The Commission also considered whether the agreement provided fair terms and conditions for the employees covered by it.

The Commission found that the application process was valid and that the agreement complied with the statutory requirements. The Commission noted that the agreement contained terms and conditions that were fair and reasonable, and that the process for developing the agreement was transparent and inclusive. The Commission concluded that the agreement met the criteria for approval and granted the applicant's application for approval of the enterprise agreement.

The Commission's final order was that the Compass Group - ESS Offshore Oil & Gas (Wheatstone Platform) Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now provide the basis for the terms and conditions of employment for the employees covered by it.

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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