Compass Group (Australia) Pty Ltd

[2024] FWCA 3068

[2024] FWCA 3068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Compass Group (Australia) Pty Ltd

(AG2024/3019)

COMPASS GROUP (MEDIREST – ACT HOSPITAL CLEANERS) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Hospitality industry
COMMISSIONER PERICA	MELBOURNE, 21 AUGUST 2024

Compass Group (Medirest – ACT Hospital Cleaners) and United Workers Union Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Compass Group (Medirest – ACT Hospital Cleaners) and United Workers Union Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

1. I note that the following provisions may be inconsistent with the National Employment Standards:

·   Clause 31.3 – Public holidays

·   Clause 14.2.2 – Termination of employment and entitlements

·   Clause 29.3 – Compassionate leave

1. However, noting clause 4.4 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement. 

1. Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The United Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

1. The Agreement is approved today 21 August 2024. It will operate from 28 August 2024 as required by section 54 of the Act. The nominal expiry date is 21 August 2026.

COMMISSIONER

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Annexure A