DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A ESS Support Services Worldwide
(AG2020/73)

COMPASS GROUP – ESS OFFSHORE OIL & GAS (MODU) – ENTERPRISE AGREEMENT 2020

Hospitality industry
COMMISSIONER JOHNS	SYDNEY, 27 FEBRUARY 2020

Application for approval of the Compass Group – ESS Offshore Oil & Gas (MODU) – Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group – ESS Offshore Oil & Gas (MODU) – Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] The Australian Workers’ Union 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 5 March 2020. The nominal expiry date of the Agreement is 1 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Compass Group (Australia) Pty Ltd, trading as ESS Support Services Worldwide, for the approval of the Compass Group – ESS Offshore Oil & Gas (MODU) – Enterprise Agreement 2020. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement contained all the prescribed minimum terms and conditions, and if it was made in good faith and without coercion.

The primary legal issues revolved around whether the agreement provided for minimum entitlements such as rates of pay, maximum weekly hours, and other essential terms. Furthermore, the Commission needed to ascertain whether the agreement was made in accordance with the procedural requirements of the Act, specifically whether the bargaining was conducted in good faith and without coercion. The validity of the agreement was contingent upon it being free from any invalid provisions that might otherwise render it unenforceable.

The Fair Work Commission found that the agreement contained all the necessary minimum terms and conditions as prescribed by the Fair Work Act. The Commission also determined that the agreement was made in good faith and without coercion. The procedural fairness in the bargaining process was upheld, and the agreement was deemed to be compliant with the statutory requirements. Therefore, the Commission approved the Compass Group – ESS Offshore Oil & Gas (MODU) – Enterprise Agreement 2020.

The final orders of the Commission were that the agreement be approved, and it would take effect from the date specified in the agreement. The approved agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. This decision concluded that the enterprise agreement was valid and binding on the parties involved.

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