DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS Support Services Worldwide
(AG2015/1079)

COMPASS GROUP - ESS OFFSHORE OIL & GAS (WHEATSTONE PLATFORM) ENTERPRISE AGREEMENT 2014

Hospitality industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 MAY 2015

Application for approval of the Compass Group - ESS Offshore Oil & Gas (Wheatstone Platform) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - ESS Offshore Oil & Gas (Wheatstone Platform) Enterprise Agreement 2014 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 14 May 2015 and, in accordance with s.54, will operate from 21 May 2015. The nominal expiry date of the Agreement is 14 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Compass Group (Australia) Pty Ltd, trading as ESS Support Services Worldwide, applied for the approval of the Compass Group - ESS Offshore Oil & Gas (Wheatstone Platform) Enterprise Agreement 2014, which was submitted to the Fair Work Commission. The application involved the terms and conditions of employment for employees working on the Wheatstone Platform, an offshore oil and gas facility. The primary dispute centred on whether the proposed agreement met the necessary legal standards and requirements under the Fair Work Act 2009.

The court was required to determine if the agreement complied with the statutory provisions, particularly focusing on whether the agreement provided for minimum rates of pay, entitlements, and conditions that were not less favourable than the relevant awards or registered agreements. Additionally, the court had to assess whether the agreement had been made in good faith and whether it appropriately facilitated the negotiation of future agreements. The court also needed to consider the views of the employees and whether their interests were adequately represented.

The Fair Work Commission found that the agreement provided for terms and conditions that were not less favourable than the relevant award, ensuring that employees received fair compensation and benefits. The court concluded that the agreement had been made in good faith and was likely to facilitate the negotiation of future agreements. It also took into account the views of the employees and found that their interests were adequately represented in the negotiation process. Consequently, the court approved the agreement, finding it to be compliant with the statutory requirements and in the best interests of the employees.

The final orders of the court approved the Compass Group - ESS Offshore Oil & Gas (Wheatstone Platform) Enterprise Agreement 2014, confirming its validity and enforceability. The court's decision ensures that the employees working on the Wheatstone Platform have a fair and legally sound enterprise agreement governing their employment terms and conditions.

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