Sodexo Remote Sites Pty Ltd

[2013] FWCA 874

FAIR WORK COMMISSION

DECISION

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

Sodexo Remote Sites Pty Ltd
(AG2012/12877)

SODEXO MUA ENTPERRISE AGREEMENT 2012

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 7 FEBRUARY 2013

Application for approval of the Sodexo MUA Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Sodexo MUA Enterprise Agreement 2012 (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 Pty Ltd.

[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 Maritime Union of Australia 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(1)(a), will operate from 14 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sodexo Remote Sites Pty Ltd applied for approval of the Sodexo MUA Enterprise Agreement 2012. The applicant argued that the agreement should be certified as a single-employer agreement as it was negotiated and intended to cover employees across multiple worksites. The respondents contended that the agreement should not be certified due to the absence of any genuine attempt to negotiate with them.

The central legal issue was whether the agreement could be certified as a single-employer agreement. This required consideration of the relationship between the parties and whether the negotiation process was genuine. The court had to determine if the agreement genuinely reflected the terms of employment across the various sites.

The Commission found that the negotiation process was genuine and the agreement appropriately reflected the terms of employment across the sites. It concluded that the negotiation process was conducted in good faith and that the agreement should be certified as a single-employer agreement. The Commission took into account the nature of the work and the commonality of the employment conditions across the different sites.

As a result, the Fair Work Commission certified the Sodexo MUA Enterprise Agreement 2012 as a single-employer agreement, effective from the date of the decision. The agreement was approved, and the applicant was authorised to implement the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established