Enterprise agreements may be entered into by an employer with a group of workers or (in certain circumstances) by more than one employer with a group of workers. From 1 January 2010, enterprise agreements can only be concluded between employees and employers. The union has the right to be representative of the members and may be „covered“ by the agreement. Sodexo submitted an agreement to the staff vote in October 2020. The majority of workers voted in favour of the agreement, which provides for a number of substantial improvements in the conditions of De Sodexo offshore workers, including:1. An immediate increase in wage rates of 15%;2. aging at all hours payable;3. commitment to Aboriginal employment4. Workplace safety provisions – Contractors and employment agencies must be subject to at least the same conditions as workers covered by the Enterprise Agreement,5. Training of Union delegates6. New allowances, including night shifts, craftsmen, chefs and employees in some offshore facilities7.
A large sign-up bonus;8. Blocked Roster and automatic pay increases when a change in the rolling chart results in an increase in working time;9. improved service pay;10. Guaranteed annual salary increases; and 11. An improved clause on increasing tariffs. When the AWU became aware of the agreement submitted for approval by the Fair Work Commission, it filed a complaint with the Commission, which objected to the approval of the agreement. Sodexo finally recognized this application and ended the application in early 2018. The battle began in July 2017, when Sodexo tried to replace its enterprise agreement, which covers its offshore activities.
Any agreement reached before January 1, 2010 will remain in effect until it is replaced or terminated by another contract. Some of these agreements are individual agreements called ITEAs and ASA. If the employer agrees, it is possible to negotiate a replacement contract before these agreements expire. Otherwise, they will continue to work until they are completed or replaced. Instead of starting negotiations with the alliance after twice approving an enterprise agreement, Sodexo appealed against the Commission`s decision to reject the application. Sodexo obtained its agreement with this appeal before a full-fledged bank of the Commission, as it did not benefit from procedural fairness in its application. The Sodexo agreement was forwarded to another member of the Commission so that it could be considered a third time. Negotiations for a company contract negotiated by the unions began in October 2019, more than two years after Sodexo first applied for approval of a non-union agreement. Six months later, Sodexo again tried to approve a basic trade union enterprise agreement, with conditions still painfully low. The AWU was able to intervene again, this time with the support of the MUA. Sodexo`s approval was again rejected by the Commission in November 2018.
AV AWU Secretary of State Brad Gandy said 73.4 percent of staff voted in favour of the new agreement. Alliance unions – the Australian Workers` Union (AWU) and the Maritime Union of Australia (MUA) – have just presented a new enterprise agreement with an immediate 15 per cent pay rise, guaranteed annual increases and a payment sign that doubles as additional payments. In March 2019, the Commission again heard Sodexo`s request. The alliance`s unions again refused to approve the enterprise agreement and, six months later, the Commission agreed with the alliance that the agreement could not be approved and rejected Sodexo`s request. Daniel Walton, national secretary of the AWU, said: „Sodexo has tried for more than two years to keep its workers at one of the lowest pay rates in the industry and to prevent the Alliance from negotiating better terms of employment.