DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS Support Services Worldwide
(AG2017/1794)

COMPASS GROUP (ESS REMOTE - WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2017

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 21 JULY 2017

Application for approval of the Compass Group (ESS remote - Western Australia) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group (ESS remote - Western Australia) Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2017. The nominal expiry date of the Agreement is 20 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Compass Group (Australia) Pty Ltd, trading as ESS Support Services Worldwide, applied to the Fair Work Commission for the approval of the Compass Group (ESS remote - Western Australia) Enterprise Agreement 2017. The application was made under the Fair Work Act 2009, seeking to have the agreement registered as a single-employer enterprise agreement, thereby binding both the employer and the employees covered by the agreement.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including whether it was a genuine enterprise agreement, whether it had been fairly negotiated, and whether it met the disclosure requirements under the Act. Additionally, the Commission considered whether the agreement contained appropriate terms and conditions for the employees, including minimum wages and entitlements, and whether it provided for adequate dispute resolution mechanisms.

In assessing these issues, the Commission examined the process through which the agreement was negotiated, the provisions within the agreement itself, and the submissions from both the employer and the employees. The Commission found that the agreement was fairly negotiated and complied with the disclosure requirements. It also determined that the agreement contained appropriate terms and conditions for the employees and provided for adequate dispute resolution mechanisms. Consequently, the Commission approved the agreement and ordered its registration as a single-employer enterprise agreement.

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