DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sodexo Remote Sites Australia Pty Ltd
(AG2016/2875)

SODEXO AND THE AUSTRALIAN WORKERS’ UNION (ESSO ONSHORE OPERATIONS) ENTERPRISE AGREEMENT 2016

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 30 MAY 2016

Application for approval of the Sodexo and the Australian Workers’ Union (Esso Onshore Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sodexo and the Australian Workers’ Union (Esso Onshore Operations) Enterprise Agreement 2016 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2016. The nominal expiry date of the Agreement is 29 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant company, Sodexo Remote Sites Australia Pty Ltd, sought approval of the Sodexo and the Australian Workers’ Union (Esso Onshore Operations) Enterprise Agreement 2016. The applicant’s employees are covered by the agreement. The applicant and the union argued that the agreement should be approved, and the Australian Building and Construction Commission opposed approval, arguing that the agreement did not meet the ‘better off overall test’ and was not in the best interests of the employees. The Fair Work Commission heard the matter and was required to determine whether the agreement should be approved.

The Commission held that the applicant had discharged the onus of establishing that the agreement was in the best interests of the employees. The Commission found that the agreement provided for wages and conditions of employment that were not worse off than those provided by the relevant award, and that the employees would be better off overall as a result of the agreement. The Commission also held that the agreement was not inconsistent with the national workplace relations system and was not contrary to public policy. The Commission found that the agreement should be approved.

Accordingly, the Commission ordered that the agreement be approved as a registered agreement under the Fair Work Act 2009. The applicant may now take steps to have the agreement registered with the Fair Work Commission. The agreement will then be in effect from the date of registration.

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