Sodexo Remote Sites Australia Pty Ltd

[2023] FWC 3189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sodexo Remote Sites Australia Pty Ltd

(AG2023/4421)

SODEXO REMOTE SITES AND MUA MARINE AGREEMENT 2023

Oil and gas industry
COMMISSIONER LIM	PERTH, 1 DECEMBER 2023

Application for approval of the Sodexo Remote Sites and MUA Marine Agreement 2023

An application has been made for approval of a greenfields agreement known as the Sodexo Remote Sites and MUA Marine Agreement 2023 (the Agreement). The application was made by Sodexo Remote Sites Australia Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 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 Construction, Forestry and Maritime Employees Union (the CFMEU) 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 s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.

Pursuant to s 201(2A) of the Act I note the Agreement covers the CFMEU.

The Employer has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 December 2023. The nominal expiry date of the Agreement is 1 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Sodexo Remote Sites Australia Pty Ltd sought approval for the Sodexo Remote Sites and MUA Marine Agreement 2023 from the Fair Work Commission. The agreement aimed to set out the terms and conditions of employment for certain employees of Sodexo, a company involved in providing catering and facility management services, and MUA Marine, a maritime union. The application was made in the context of the Fair Work Act 2009, which governs workplace relations and industrial relations in Australia.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with terms and conditions that were no worse than those provided by the applicable award or enterprise agreement, and provided at least one benefit to the employees. The Commission also needed to assess whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the Act.

The Commission found that the agreement was a BOOT agreement, as it provided employees with terms and conditions that were no worse than those provided by the applicable award or enterprise agreement, and provided at least one benefit, namely, a wage increase. The Commission also found that the agreement was made in good faith and complied with the procedural requirements set out in the Act. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Sodexo Remote Sites and MUA Marine Agreement 2023, finding that it met the requirements for approval under the Fair Work Act. The approval of the agreement provides certainty and stability to the employment relationship between Sodexo, MUA Marine, and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established