Sodexo Remote Sites Australia Pty Ltd Summary

[2018] FWCA 7196

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Sodexo Remote Sites Australia Pty Ltd

(AG2018/3007)

Sodexo Remote Sites/MUA Offshore Oil and Gas (Marine Cooks & Caterers) Enterprise Agreement 2018

Maritime industry
Deputy President Beaumont	PERTH, 26 NOVEMBER 2018

Application for approval of the Sodexo Remote Sites/MUA Offshore Oil and Gas (Marine Cooks & Caterers) Enterprise Agreement 2018.

An application has been made for approval of a greenfields agreement known as the Sodexo Remote Sites/MUA Offshore Oil and Gas (Marine Cooks & Caterers) Enterprise Agreement 2018 (the Agreement). The application was made by Sodexo Remote Sites Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 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 Construction, Forestry, Maritime, Mining and Energy Union 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 Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sodexo Remote Sites Australia Pty Ltd sought approval for a new enterprise agreement from the Fair Work Commission. The Maritime Union of Australia (MUA) challenged the approval, arguing that the agreement did not meet the criteria under the Fair Work Act 2009. The nature of the dispute was to determine whether the agreement should be approved despite the objections from the union. The application was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act.

The central legal issues before the Commission were whether the agreement was made in good faith and whether it met the requirements for a fair and appropriate enterprise agreement. The Commission had to consider the bargaining positions of the parties, the extent of the union's opposition, and whether the agreement provided a fair and appropriate outcome for the employees. The Commission also needed to examine whether the objections raised by the union were justified and whether the agreement complied with the statutory provisions.

In determining the application, the Commission considered the evidence provided by both parties. It found that the agreement was made in good faith and that the union's objections were not entirely justified. The Commission concluded that the agreement provided a fair and appropriate outcome for the employees, taking into account the nature of the work and the industry standards. The Commission held that the agreement was in the best interests of the employees and approved the application for the Sodexo Remote Sites/MUA Offshore Oil and Gas (Marine Cooks & Caterers) Enterprise Agreement 2018. The Commission ordered that the agreement be approved and registered, effective from the date of the decision.

Sodexo Remote Sites Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established