Sodexo Remote Sites Australia Pty Limited

[2013] FWCA 8206

[2013] FWCA 8206

FAIR WORK COMMISSION

DECISION

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

Sodexo Remote Sites Australia Pty Limited
(AG2013/9736)

SODEXO REMOTE SITES (OFFSHORE OPERATIONS) ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 21 OCTOBER 2013

Application for approval of the Sodexo Remote Sites (Offshore Operations) 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 (Offshore Operations) Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with an Employee Bargaining Representative, Mr T Byrne. The Agreement is to cover 14 employees who are engaged in catering and facility services management on offshore operations or operations based on Australian islands, except for fixed offshore Esso platforms in the Bass Strait or any site or project where a site specific or project specific enterprise agreement in place. I note, however, that the applicant presently only employs employees on Varanus Island off the Western Australian coast. 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 9 April 2013, and voting for the Agreement’s approval took place between 23 and 25 September 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret postal ballot, all 10 of the employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 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] as the relevant reference instrument 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 instrument and that there are no less beneficial terms. The Agreement provides for substantially higher rates of pay and a Service Reward system which recognises periods of continuous service with the applicant. Rates of pay are to be adjusted each year on 1 November in accordance with the Commission’s Minimum Wage Review decisions published in July. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 35 and 36 respectively, and a disputes resolution procedure provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 18 October 2013, Ms J Collins appeared for the applicant. 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 while the Agreement was intended to operate Australia wide, the only employees currently employed are on Varanus Island. The employees are Fly In/Fly Out workers whose accommodation and meals are provided for on site by the applicant employer, without charge. They work 12 hour shifts on rosters of 21 days on and 21 days off or 14 days on and 14 days off.

[5] Having heard the applicant’s 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 (Offshore Operations) Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 25 October 2013 and have a nominal expiry date of 24 October 2017.

DEPUTY PRESIDENT

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