Sodexo Remote Sites Australia Pty Ltd T/A Sodexo

[2016] FWCA 3468

[2016] FWCA 3468

FAIR WORK COMMISSION

DECISION

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

Sodexo Remote Sites Australia Pty Ltd T/A Sodexo
(AG2016/2770)

SODEXO & THE AUSTRALIAN WORKERS' UNION (ESSO OFFSHORE OPERATIONS) ENTERPRISE AGREEMENT 2016

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 2 JUNE 2016

Application for approval of the Sodexo & The Australian Workers' Union (Esso Offshore Operations) Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Sodexo Remote Sites Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Sodexo & The Australian Workers’ Union (Esso Offshore Operations) Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (the ‘Union’) and Mr David Churchill, a nominated Employee Bargaining Representative. The Agreement is to cover 104 employees who are engaged in catering, cleaning and facilities management services on fixed offshore Esso platforms in Bass Strait. 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 23 November 2015, and voting for the Agreement’s approval took place on 25 and 26 March 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a vote conducted by a third party (Cirenna Voting Agency), 84 of the 93 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 8 April 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms L Smillie, Senior HR Advisor, 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 Smilliesaid 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 considerably higher rates of pay, enhanced superannuation benefits and six weeks of annual leave for every completed twelve months of service. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 37 and 33 respectively, and a disputes resolution procedure at clause 35provides for conciliation and arbitration by the Commission.

[4] The applicant also offered an undertaking to increase redundancy entitlements for permanent employees with at least one year and less than two years’ service in accordance with the National Employment Standards and to amend the consultation clause so that it applies in relation to changes to the regular roster or ordinary hours of work of employees. Pursuant to s 191(1) of the Act, the undertaking is taken to be a term of the Agreement. A copy of this undertaking is attached to the Agreement and marked as ‘Annexure A’. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having reviewed 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, 188, 190 and 191, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Sodexo & The Australian Workers’ Union (Esso Offshore Operations) Enterprise Agreement 2016.Pursuant to s 54 of the Act, the Agreement shall operate from 9 June 2016 and have a nominal expiry date of 28 April 2019.

DEPUTY PRESIDENT

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