DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS Support Services Worldwide
(AG2016/1568)

COMPASS GROUP (ESS REMOTE - NEW SOUTH WALES & VICTORIA) ENTERPRISE AGREEMENT 2016

Hospitality industry
COMMISSIONER ROE	MELBOURNE, 12 JULY 2016

Application for approval of the Compass Group (ESS Remote - New South Wales & Victoria) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group (ESS Remote - New South Wales & Victoria) Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 12 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Compass Group (Australia) Pty Ltd, trading as ESS Support Services Worldwide, an application was made to the Fair Work Commission for approval of the Compass Group (ESS Remote - New South Wales & Victoria) Enterprise Agreement 2016. The application was lodged by Compass Group, and the dispute involved the terms and conditions of employment for employees within the scope of the proposed agreement.

The central legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 for approval and whether it provided for fair and reasonable terms and conditions of employment. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for a safety net of minimum entitlements. The application also required scrutiny of whether the agreement complied with the procedural requirements, such as proper notification and the opportunity for employee representation.

In its decision, the Commission examined the provisions of the agreement and the process by which it was negotiated. The Commission determined that the agreement was made in good faith and included a comprehensive set of terms and conditions that were fair and reasonable. It found that the agreement provided for minimum entitlements that met or exceeded those prescribed by the relevant awards and legislation. The Commission also confirmed that all procedural requirements were satisfied, including adequate notification and the opportunity for employee representatives to be involved in the negotiation process. Consequently, the Commission approved the application, and the Compass Group (ESS Remote - New South Wales & Victoria) Enterprise Agreement 2016 was registered under the Fair Work Act 2009.

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