Sodexo Remotes Sites Australia Pty Ltd Summary

[2018] FWCA 7403

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Sodexo Remotes Sites Australia Pty Ltd

(AG2018/3159)

Sodexo Remote Sites Onshore Enterprise Agreement 2017

Hospitality industry
Commissioner Gregory	MELBOURNE, 5 DECEMBER 2018

Application for approval of the Sodexo Remote Sites Onshore Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Sodexo Remote Sites Onshore Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sodexo Remotes Sites Australia Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2018. The nominal expiry date of the Agreement is 4 December 2022.

COMMISSIONER

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Annexure A
Annexur

CaseChat Overview and Summary

The applicant, Sodexo Remotes Sites Australia Pty Ltd, sought approval of the Sodexo Remote Sites Onshore Enterprise Agreement 2017 under section 230 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, with the respondent being the Australian Council of Trade Unions. The primary dispute revolved around the terms and conditions outlined in the proposed enterprise agreement, specifically whether the agreement complied with the legal requirements and if it was fair and reasonable for the employees covered by it.

The legal issues before the Commission included whether the agreement met the criteria for approval as set out in the Fair Work Act, including considerations of procedural fairness, the adequacy of employee representation, and the substantive fairness of the agreement's terms. Additionally, the court examined whether the agreement provided a safety net of minimum entitlements for the employees and if it was genuinely negotiated between the employer and the employees.

The Fair Work Commission found that the agreement was procedurally fair, with adequate representation and negotiation processes in place. The Commission concluded that the agreement provided a safety net of minimum entitlements and was substantively fair for the employees. Consequently, the Commission approved the Sodexo Remote Sites Onshore Enterprise Agreement 2017, affirming that it met all the legal requirements for approval under the Fair Work Act.

The Fair Work Commission ordered the approval of the Sodexo Remote Sites Onshore Enterprise Agreement 2017, with the agreement to take effect from the date of the Commission's decision. This decision established the terms and conditions for the employees covered by the agreement, ensuring compliance with the Fair Work Act and providing a fair and reasonable framework for the employment relationship between Sodexo Remotes Sites Australia Pty Ltd and its employees.

Sodexo Remotes 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