DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS Support Services Worldwide
(AG2017/577)

COMPASS GROUP - ESS OFFSHORE OIL & GAS (WOODSIDE FPSOS) ENTERPRISE AGREEMENT 2017

Hospitality industry
COMMISSIONER WILSON	MELBOURNE, 21 MARCH 2017

Application for approval of the Compass Group - ESS Offshore Oil & Gas (Woodside FPSOs) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (Woodside FPSOs) 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 28 March 2017. The nominal expiry date of the Agreement is 20 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Compass Group (Australia) Pty Ltd, trading as ESS Support Services Worldwide, applied for approval of the Compass Group - ESS Offshore Oil & Gas (Woodside FPSOs) Enterprise Agreement 2017. The application was brought under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for workers in the offshore oil and gas sector, specifically those employed by Compass Group in the provision of services to Woodside FPSOs. The Commission was tasked with determining whether the proposed agreement met the requirements of the Act and provided fair terms and conditions of employment.

The legal issues before the Commission centred on the procedural fairness of the agreement process, the adequacy of the agreement in terms of minimum entitlements, and whether the agreement was in the best interests of the employees. The Commission had to consider whether the agreement was genuinely negotiated, if it provided for fair and reasonable terms and conditions, and if it met the 'better off overall test' for employees. The Commission also had to ensure that the agreement complied with the relevant provisions of the Fair Work Act and any applicable awards or instruments.

After reviewing the evidence and submissions, the Commission found that the agreement was genuinely negotiated, provided for fair and reasonable terms and conditions, and met the better off overall test. The Commission noted that the agreement contained provisions that were at least as favourable as those in the relevant award, and in some cases, more favourable. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also found that the agreement complied with the procedural fairness requirements of the Act.

The Commission approved the Compass Group - ESS Offshore Oil & Gas (Woodside FPSOs) Enterprise Agreement 2017, effective from 1 September 2017. The approval was subject to the agreement being registered with the Fair Work Commission within 30 days of the decision. The parties were directed to provide a copy of the agreement to the Commission within that time frame. The approval ensures that the agreement will provide the basis for the terms and conditions of employment for the relevant workers, subject to any further orders or directions of the Commission.

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