DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS Support Services Worldwide
(AG2017/1604)

COMPASS GROUP - ESS/MUA OFFSHORE OIL & GAS (MARINE COOKS & CATERERS) ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER WILSON	MELBOURNE, 6 JUNE 2017

Application for approval of the Compass Group - ESS/MUA Offshore Oil & Gas (Marine Cooks & Caterers) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS/MUA Offshore Oil & Gas (Marine Cooks & Caterers) 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 Maritime Union of Australia 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 13 June 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Compass Group (Australia) Pty Ltd, trading as ESS Support Services Worldwide, and the Maritime Union of Australia (MUA). The dispute centred around the application for the approval of the Compass Group - ESS/MUA Offshore Oil & Gas (Marine Cooks & Caterers) Enterprise Agreement 2017. The Commission was tasked with determining whether the agreement met the requirements for registration under the Fair Work Act 2009. The MUA, representing the employees, contested the agreement on various grounds, including procedural fairness and the inclusion of certain terms and conditions.

The legal issues before the Commission were primarily concerned with the procedural fairness of the negotiation process, the scope of the agreement, and the appropriateness of specific provisions within the agreement. The Commission had to examine whether the agreement was made in good faith, whether the process followed was fair, and whether the terms and conditions of the agreement complied with the relevant legislative framework. Additionally, the Commission considered the extent to which the agreement covered all the employees it purported to cover and whether it included all the required minimum terms and conditions.

The Commission found that the agreement had been negotiated in good faith and the process followed was fair. It noted that the negotiation process was transparent and that all parties had an opportunity to be heard. The Commission also determined that the agreement covered all the employees it was intended to cover and included all the required minimum terms and conditions. While the MUA argued that certain provisions were unfair, the Commission found that the provisions were reasonable and necessary to meet the operational requirements of the business. Ultimately, the Commission approved the agreement for registration.

The Fair Work Commission approved the Compass Group - ESS/MUA Offshore Oil & Gas (Marine Cooks & Caterers) Enterprise Agreement 2017 for registration. This decision ensures that the agreement is legally binding and enforceable between the parties involved. The approval confirms that the agreement was negotiated in good faith and the process followed was fair, and that the terms and conditions of the agreement comply with the Fair Work Act 2009. The final orders reflect the Commission's determination and pave the way for the agreement to be implemented.

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