DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ESS Larrakia Pty Ltd T/A ESS Support Services Worldwide
(AG2016/5931)

COMPASS GROUP (ESS LARRAKIA) ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2016

Application for approval of the Compass Group (ESS Larrakia) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group (ESS Larrakia) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ESS Larrakia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] United Voice 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.

[4] The Agreement was approved on 21 October 2016 and, in accordance with s.54, will operate from 28 October 2016. The nominal expiry date of the Agreement is 21 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves ESS Larrakia Pty Ltd, trading as ESS Support Services Worldwide, which sought approval of the Compass Group (ESS Larrakia) Enterprise Agreement 2016. The dispute was heard in the Fair Work Commission of Australia. The application for approval was made under the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Commission before they can be registered and enforced. The legal issues before the Commission were whether the agreement met the requirements for registration under the Act, including whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions.

The Commission considered whether the agreement was made in good faith, with the representatives of the employer and employees acting genuinely, without ulterior motives, and in a manner that was fair and reasonable. It also examined whether the agreement contained the minimum terms and conditions prescribed by the Act and whether it complied with the good faith bargaining obligations. The Commission noted that the agreement had been negotiated over several months and that both parties had engaged in good faith bargaining. The Commission was satisfied that the agreement met the requirements for registration and approved it. The employer was ordered to take all necessary steps to register the agreement with the Fair Work Commission. Additionally, the employer was directed to provide a copy of the approved agreement to the Commission within a specified timeframe.

In summary, the Fair Work Commission approved the Compass Group (ESS Larrakia) Enterprise Agreement 2016, finding that it met the requirements for registration under the Fair Work Act 2009. The employer was ordered to take all necessary steps to register the agreement with the Commission and to provide a copy of the approved agreement within a specified timeframe. This decision provides clarity for employers and employees regarding the approval process for enterprise agreements and the obligations that must be met to ensure that they are valid and enforceable.

ESS Larrakia 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