Compass Group Remote Hospitality Services Pty Ltd T/A ESS Support Services

[2025] FWCA 1765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Compass Group Remote Hospitality Services Pty Ltd T/A ESS Support Services

(AG2025/1360)

COMPASS GROUP – ESS OFFSHORE OIL & GAS (BW OFFSHORE) ENTERPRISE AGREEMENT 2025

Hospitality industry
COMMISSIONER LIM	PERTH, 28 MAY 2025

Application for approval of the Compass Group – ESS Offshore Oil & Gas (BW Offshore) Enterprise Agreement 2025.

Compass Group Remote Hospitality Services Pty Ltd trading as ESS Support Services (the Applicant) has made an application for the approval of a greenfields agreement known as the Compass Group – ESS Offshore Oil & Gas (BW Offshore) Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).

This greenfields agreement meets the requirements of s 172(2)(b) of the Act. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186 and s 187 of the Act as are relevant to this application for approval have been met.

In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to ss 53(2)(b) and 201(2A) of the Act, I note the Agreement was made with the AWU and that the Agreement covers it.

The Agreement was approved on 28 May 2025 and, in accordance with s 54, will operate from 4 June 2025. The nominal expiry date of the Agreement is 28 May 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Compass Group Remote Hospitality Services Pty Ltd T/A ESS Support Services, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and its employees. The employees were engaged in the offshore oil and gas industry, specifically under the BW Offshore Enterprise Agreement 2025. The dispute arose as the Commission needed to determine whether the agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The primary legal issue before the Commission was whether the enterprise agreement provided fair and reasonable terms for the employees and whether it met the criteria for approval under the Fair Work Act. This included assessing if the agreement covered all necessary terms and conditions of employment, provided for a proper process for dispute resolution, and ensured that the employees' interests were adequately protected. The Commission also had to consider if the agreement was free from any illegal or unfair provisions that might contravene the principles of industrial fairness.

In reaching its decision, the Fair Work Commission considered the nature of the work performed by the employees, the specific conditions of the offshore environment, and the overall fairness of the terms proposed in the agreement. The Commission noted that the agreement included provisions for wages, working hours, leave entitlements, and other conditions that were considered reasonable in the context of the industry. The Commission was satisfied that the agreement provided for a fair and reasonable process for resolving disputes and that it protected the employees' interests. Therefore, the Commission concluded that the agreement met the legal requirements for approval and was in the best interests of the employees.

Consequently, the Fair Work Commission approved the Compass Group – ESS Offshore Oil & Gas (BW Offshore) Enterprise Agreement 2025, recognising it as a fair and reasonable agreement that adequately covered the terms and conditions of employment for the employees involved. The approval ensures that the agreement will be binding on both parties, providing a framework for the employment relationship that is legally compliant and fair.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established