Compass Group (Australia) Pty Ltd t/a ESS Support Services Worldwide

[2017] FWCA 2284

[2017] FWCA 2284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Compass Group (Australia) Pty Ltd t/a ESS Support Services Worldwide
(AG2017/943)

COMPASS GROUP (ESS REMOTE - QUEENSLAND AND NORTHERN TERRITORY) ENTERPRISE AGREEMENT 2017

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 26 APRIL 2017

Application for approval of the Compass Group (ESS Remote - Queensland and Northern Territory) Enterprise Agreement 2017.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Compass Group (Australia) Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Compass Group (ESS Remote - Queensland and Northern Territory) Enterprise Agreement 2017 (the ‘Agreement’). The Agreement was negotiated with United Voice - North Territory Branch, the Australian Workers’ Union of Employees – Queensland Branch (the ‘Unions’) and Ms C Quinn, a nominated employee bargaining representative (EBR). The Agreement is to cover 474 employees who are engaged in the applicant’s (and its two related entities) operations in Queensland and the Northern Territory. The Agreement does not cover employees working for ESS Cannington in Queensland, which is covered by a separate enterprise agreement. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 14 December 2016, and voting for the Agreement’s approval took place from 7 to 9 March 2017. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 167 of the 201 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 March 2017, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms C Holmes, National Workplace Relations Manager identified the Hospitality Industry (General) Award 2010 as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Holmessaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instrument. The Agreement provides for higher rates of pay (of 1%), the provision of onsite meals and accommodation with no reduction in pay and enhanced superannuation benefits. Ms Holmes said that the Agreement is less beneficial than the reference instrument in two respects: no tool allowances for chefs who use their own tools and no first aid allowance (which Ms Holmes said had been incorporated into the level 5 rate of pay). Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 8 and 9 respectively, and a disputes resolution procedure at clause 10 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 19 April 2017, Ms C Holmes appeared for the applicant with Mr T McKernan for the Australian Workers’ Union – Queensland Branch and Ms E Early for the United Voice – Northern Territory Branch. Ms Holmes outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Both Unions had filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wished to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that both Unions are to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Compass Group (ESS Remote - Queensland and Northern Territory) Enterprise Agreement 2017. By consent, the Agreement shall operate from the first full pay period commencing after 8 May 2017 and have a nominal expiry date of 19 April 2021.

DEPUTY PRESIDENT

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