DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd
(AG2019/3575)

COMPASS GROUP (MEDIREST - THOMAS EMBLING) ENTERPRISE AGREEMENT 2019

Hospitality industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the Compass Group (Medirest - Thomas Embling) Enterprise Agreement 2019.

[1] Compass Group (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Compass Group (Medirest - Thomas Embling) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representative supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting clause 6.1 of the Agreement, I am also satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Health Services Union Victoria No.2 Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 1 November 2019 and, in accordance with s.54, will operate from 8 November 2019. The nominal expiry date of the Agreement is 1 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Compass Group (Australia) Pty Ltd and various employees covered by the proposed Compass Group (Medirest - Thomas Embling) Enterprise Agreement 2019. The dispute centred on the application for the approval of this agreement, which was necessary to formalise the terms and conditions of employment for the employees involved. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issues the court needed to address included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement covered the requisite minimum terms, allowed for proper bargaining, and adhered to the provisions of the Act. The court also needed to determine if the agreement was fair and reasonable in terms of its provisions and if it complied with the relevant industrial instruments and awards.

In reaching its decision, the court examined the details of the proposed agreement and the process through which it was negotiated. It considered whether the agreement provided adequate protection for the employees' rights and whether it was an outcome of genuine bargaining. The court also reviewed the fairness of the agreement's terms, taking into account the interests of both the employees and the employer. Ultimately, the court found that the agreement met the necessary criteria and approved it, confirming its compliance with the statutory requirements and its reasonableness in terms of the balance of interests.

The final orders included the approval of the Compass Group (Medirest - Thomas Embling) Enterprise Agreement 2019, which was to be registered with the Fair Work Commission. This decision was made effective from the date of the approval, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship between the parties involved.

Compass Group (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