Compass Group B&I Hospitality Services Pty Ltd

[2015] FWCA 5790

[2015] FWCA 5790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Compass Group B&I Hospitality Services Pty Ltd
(AG2015/4273)

COMPASS GROUP (PORT PHILLIP PRISON) ENTERPRISE AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 24 AUGUST 2015

Application for approval of the Compass Group (Port Phillip Prison) Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Compass Group B&I Hospitality Services 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 (Port Phillip Prison) Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and is to cover 14 employees, other than the Site Manager, employed by the applicant in relation to the applicant’s hospitality operations at Port Phillip Prison, Laverton North, Victoria in satisfaction of a contract between the applicant and the operator of the prison, G4S. 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 3 March 2015, and voting for the Agreement’s approval took place on 27 and 28 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 13 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 August 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms C Holmes 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 does provide for some terms and conditions that are less beneficial than those under the Award, in that the Agreement provides for less generous penalty rates for work performed on Sundays and a reduced span of hours in which early and late penalties are applicable. However, the Agreement provides for significantly higher rates of pay, the payment of a one-off bonus and the provision of a ‘lock-down allowance’. Rates of pay are to be increased by 2.5% on 1 July 2015 and then in accordance with the Commission’s Minimum Wage Review decisions throughout the nominal term of the Agreement. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 8 respectively, and a disputes resolution procedure at clause 9 provides for conciliation and consent arbitration by the Commission.

[4] The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] 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 (Port Phillip Prison) Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 31 August 2015 and have a nominal expiry date of 24 August 2019.

DEPUTY PRESIDENT

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