DECISION

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

Sodexo Remote Sites Australia Pty Ltd
(AG2020/3199)

SODEXO REMOTE SITE OFFSHORE AND AWU ENTERPRISE AGREEMENT 2020

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 NOVEMBER 2020

Application for approval of the Sodexo Remote Sites Offshore and AWU Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sodexo Remote Sites Offshore and AWU Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sodexo Remote Sites Australia Pty Ltd. 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.

[3] The Australian Workers’ Union 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 is approved and, in accordance with s.54 of the Act, will operate from 20 November 2020. The nominal expiry date of the Agreement is 12 November 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Sodexo Remote Sites Australia Pty Ltd applied for the approval of the Sodexo Remote Sites Offshore and AWU Enterprise Agreement 2020 in the Fair Work Commission. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The application was made by Sodexo, with the Australian Workers’ Union (AWU) supporting the agreement.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant sections of the Fair Work Act. The Commission had to assess if the agreement met the statutory requirements for approval and if it was likely to ensure fair work outcomes for employees.

In considering these issues, the Commission examined the provisions of the proposed agreement, the submissions from the parties, and relevant case law. The Commission found that the agreement included provisions that were fair and reasonable, taking into account the specific nature of the work and the workforce involved. The agreement addressed key terms such as wages, hours of work, leave, and dispute resolution mechanisms in a manner consistent with the objectives of the Act.

The Commission approved the Sodexo Remote Sites Offshore and AWU Enterprise Agreement 2020, finding that it met the statutory criteria for approval. The decision highlights the importance of tailored agreements that address the unique aspects of specific industries and workforces.

Sodexo Remote Sites Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established