Compass Group Remote Hospitality Services Australia T/A ESS

[2022] FWCA 3157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Compass Group Remote Hospitality Services Australia T/A ESS

(AG2022/3646)

Compass Group ESS Offshore Oil & Gas (Northern Endeavour FPSO) Enterprise Agreement 2022

Hospitality industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 SEPTEMBER 2022

Application for approval of the Compass Group ESS Offshore Oil & Gas (Northern Endeavour FPSO) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Compass Group ESS Offshore Oil & Gas (Northern Endeavour FPSO) Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 September 2022. The nominal expiry date of the Agreement is 11 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Compass Group Remote Hospitality Services Australia T/A ESS, the Fair Work Commission was tasked with approving the Compass Group ESS Offshore Oil & Gas (Northern Endeavour FPSO) Enterprise Agreement 2022. The parties involved in this dispute were the employer, Compass Group, and the employees represented by the union. The union had lodged an application for the approval of the enterprise agreement, which was to govern the terms and conditions of employment for workers in the offshore oil and gas sector.

The legal issues that the Fair Work Commission had to address were primarily centred on whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was appropriately negotiated, and if it contained the necessary minimum terms and conditions of employment as stipulated by the Act. Furthermore, the Commission had to ensure that the agreement did not adversely affect employees' rights and entitlements and that it was not contrary to the public interest.

After carefully considering the submissions from both the union and the employer, the Fair Work Commission found that the enterprise agreement satisfied all the statutory requirements. The Commission noted that the agreement was made in good faith and that it had been negotiated appropriately. It was also found that the agreement contained all the necessary minimum terms and conditions of employment and did not adversely affect the employees' rights and entitlements. Consequently, the Commission approved the Compass Group ESS Offshore Oil & Gas (Northern Endeavour FPSO) Enterprise Agreement 2022.

The Fair Work Commission's decision was based on the thorough analysis of the agreement and the evidence provided by both parties. By approving the enterprise agreement, the Commission ensured that the workers in the offshore oil and gas sector would be governed by a fair and comprehensive set of employment terms and conditions. This decision will have implications for future negotiations and agreements within the industry, as it sets a precedent for the requirements and standards that must be met in order for an enterprise agreement to be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established