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
(AG2016/1087)

COMPASS GROUP - ESS OFFSHORE OIL & GAS (SOUTH AUSTRALIA AND VICTORIA) - ENTERPRISE AGREEMENT 2016

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 1 JUNE 2016

Application for approval of the Compass Group - ESS Offshore Oil & Gas (South Australia and Victoria) - Enterprise Agreement 2016.

[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 Offshore Oil & Gas (South Australia and Victoria) – Enterprise Agreement 2016 (the ‘Agreement’). The Agreement is to cover 6 employees who are engaged in catering and facilities management roles on offshore platforms in the waters off Victoria and South Australia. 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 5 April 2016, and voting for the Agreement’s approval took place on 28 April 2016. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot, all 6 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 4 May 2016, 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 [MA000009] 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 and that there are no less beneficial terms. The Agreement provides for significantly higher rates of pay, reimbursement for travel to and from the airport and for prescription safety glasses. Rates of pay are to be increased by 1.5 % on 1 April 2017, 1.5% on 1 April 2018, 2% on 1 April 2019 and 2% on 1 April 2020. I am well satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 34 and 36 respectively, and a disputes resolution procedure at clause 33 provides for conciliation and arbitration by the Commission.

[4] Having reviewed 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 Offshore Oil & Gas (South Australia and Victoria) – Enterprise Agreement 2016.Pursuant to s 54 of the Act, the Agreement shall operate from 8 June 2016 and have a nominal expiry date of 1 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved Compass Group (Australia) Pty Ltd, trading as ESS Support Services Worldwide, and its employees. The dispute centred on the application for approval of the Compass Group - ESS Offshore Oil & Gas (South Australia and Victoria) - Enterprise Agreement 2016. The case was heard by the Fair Work Commission, an Australian federal statutory body with the authority to oversee and arbitrate on workplace relations matters.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval as prescribed under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been made genuinely and fairly, without coercion, and whether it provided for the appropriate minimum rights of employees. Additionally, the Commission had to consider if the agreement was in the best interests of the employees it covered.

In examining the evidence presented, the Commission found that the agreement had been negotiated in good faith and was not the product of any form of coercion. The Commission also determined that the agreement provided for all the minimum entitlements required by law, including provisions for wages, leave, and other employment conditions. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, as it provided for a number of benefits and protections that went beyond the statutory minimums. Based on these findings, the Commission approved the enterprise agreement. The approval is effective from the date of the decision, and the agreement will now form the basis of the employment conditions for the employees covered by its terms.

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

DECISION

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Legal Principle Established