DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS Support Services Worldwide
(AG2017/660)

COMPASS GROUP - ESS OFFSHORE OIL & GAS (INPEX PRODUCTION) ENTERPRISE AGREEMENT 2017

Hospitality industry
COMMISSIONER GREGORY	MELBOURNE, 10 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (Inpex Production) 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 17 March 2017. The nominal expiry date of the Agreement is 9 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Compass Group (Australia) Pty Ltd, trading as ESS Support Services Worldwide, applied for approval of the Compass Group - ESS Offshore Oil & Gas (Inpex Production) Enterprise Agreement 2017. The applicant, an employer in the food services industry, sought the Fair Work Commission's approval of the enterprise agreement, which was entered into with the Maritime Union of Australia (MUA). The dispute centred on the validity and fairness of the terms and conditions outlined in the agreement for employees working in the offshore oil and gas sector.

The primary legal issues before the Fair Work Commission were whether the enterprise agreement was genuinely negotiated and whether it contained terms and conditions that were fair and reasonable. Additionally, the Commission had to consider if the agreement met the statutory requirements for approval under the Fair Work Act, including ensuring that it did not undermine the safety and welfare of employees. The Commission also needed to determine if the agreement provided adequate protections and benefits for the employees, particularly in the high-risk environment of offshore oil and gas operations.

The Fair Work Commission, after thorough examination, found that the enterprise agreement was genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement did not undermine the safety and welfare of employees and provided adequate protections and benefits. The Commission concluded that the agreement met all statutory requirements for approval and was in the best interests of the employees. Consequently, the Commission approved the Compass Group - ESS Offshore Oil & Gas (Inpex Production) Enterprise Agreement 2017, ensuring that it would come into effect on the specified date.

The Fair Work Commission's final orders included the approval of the enterprise agreement and the direction that it be registered with the Fair Work Commission. The agreement was to be binding on all parties, including the employer, the union, and the employees covered by the agreement, from the date of approval. The decision underscored the importance of ensuring fair and reasonable terms and conditions for employees, especially in high-risk industries like offshore oil and gas.

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