DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS Support Services Worldwide
(AG2015/433)

COMPASS GROUP - ESS OFFSHORE OIL & GAS (PRODUCTION & DRILLING RELIEF POOL) - ENTERPRISE AGREEMENT 2014

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 31 MARCH 2015

Application for approval of the Compass Group - ESS Offshore Oil & Gas (Production & Drilling Relief Pool) - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (Production & Drilling Relief Pool) - Enterprise Agreement (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 Support Services Worldwide. 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 was approved on 31 March 2015 and, in accordance with s.54, will operate from 7 April 2015. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Compass Group (Australia) Pty Ltd, trading as ESS Support Services Worldwide, which applied for the approval of the Compass Group - ESS Offshore Oil & Gas (Production & Drilling Relief Pool) - Enterprise Agreement 2014. The primary concern was whether the agreement met the requirements under the Fair Work Act 2009, specifically in terms of the provisions for the relief workers employed by Compass Group in the offshore oil and gas sector.

The central legal issues revolved around whether the agreement provided adequate protection and fairness for the relief workers. This included scrutinising if the terms and conditions within the enterprise agreement were consistent with the provisions of the Fair Work Act, particularly focusing on provisions that dealt with wages, hours of work, and other employment-related conditions. Furthermore, the court examined if the agreement provided for the proper representation of employee interests and if it contained the necessary mechanisms for resolving disputes between the employer and employees.

In its decision, the Fair Work Commission determined that the enterprise agreement largely met the statutory requirements. The Commission found that the agreement contained provisions that aligned with the Fair Work Act, ensuring fair wages and reasonable working hours for the relief workers. It was noted that the agreement also provided for adequate employee representation and dispute resolution mechanisms. However, the Commission made some minor amendments to the agreement to address specific concerns related to the clarity of certain provisions and to ensure full compliance with the Act. These amendments were deemed necessary to enhance the fairness and effectiveness of the agreement in protecting the rights of the employees.

The Fair Work Commission approved the enterprise agreement with the aforementioned amendments, ensuring that the agreement complied with all legal requirements and adequately protected the interests of the relief workers employed by Compass Group in the offshore oil and gas sector.

Compass Group (Australia) Pty Ltd T/A ESS Support Services Worldwide

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established