Sodexo Remote Sites Australia Pty Limited

[2013] FWCA 8493

[2013] FWCA 8493

FAIR WORK COMMISSION

DECISION

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

Sodexo Remote Sites Australia Pty Limited
(AG2013/9823)

SODEXO REMOTE SITES ONSHORE ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 29 OCTOBER 2013

Application for approval of the Sodexo Remote Sites Onshore Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Sodexo Remote Sites Australia Pty Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Sodexo Remote Sites Onshore Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union - South Australia Branch (AWU-SA), the Australian Workers’ Union - Western Australia Branch (AWU-WA), United Voice - Northern Territory Branch (UV-NT), United Voice - South Australia Branch (UV-SA) (collectively, the ‘Unions’) and 25 non-Union Employee Bargaining Representatives. The Agreement is to cover 2212 employees who are engaged in the provision of catering, cleaning, facilities management and related services in the onshore resource sector and construction industry. I note that employees working in offshore locations are covered by another enterprise agreement; See: Sodexo Remote Site Australia Pty Limited [2013] FWCA 8206. 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 7 June 2013, and voting for the Agreement’s approval took place between 30 September and 4 October 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 871 of the 1177 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 17 October 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms J Collins, Industrial Relations and Policy Manager identified the Hospitality Industry (General) Award 2010 [MA000009] and the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Collinssaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher rates of pay on an annualised salary basis which take into account overtime, annual leave and annual leave loading, public holiday penalty rates when rostered and other allowances relevant to the Modern Award. The Agreement also provides for a Service Reward that recognises employees’ length of service. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 36 and 37 respectively, and a disputes resolution procedure at clause 28 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 29 October 2013, Ms A Cochrane of the Australian Mines & Metals Association appeared with Ms J Collins for the applicant. Mr M Hanson appeared for the AWU-SA, Mr N Thompson appeared for UV-SA and Mr B Lewis appeared for UV-NT. The Unions had each filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wished to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are to be covered by the Agreement. Ms Collins outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that the initial rates of pay in the Agreement took into account the 2.6% increase arising from the Commissions Minimum Wage Review Decision of 2013 and will take effect on the date the Agreement was approved. Future increases will be applied from 1 July each year. Mr Hanson, Mr Thompson and Mr Lewis supported the submissions of Ms Collins.

[5] Having heard the parties’ submissions and upon reviewing 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 Sodexo Remote Sites Onshore Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 4 November 2013 and have a nominal expiry date of 3 November 2017.

DEPUTY PRESIDENT

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