Compass Group (Australia) Pty Ltd and Compass Group Healthcare Hospitality Services Pty Ltd

[2013] FWCA 1649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd and Compass Group Healthcare Hospitality Services Pty Ltd
(AG2013/556)

COMPASS GROUP - MEDIREST, THOMAS EMBLING - ENTERPRISE AGREEMENT 2012

Hospitality industry
COMMISSIONER CRIBB	MELBOURNE, 18 MARCH 2013

Application for approval of the Compass Group - Medirest, Thomas Embling - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group - Medirest, Thomas Embling - 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 Compass Group (Australia) Pty Ltd and Compass Group Healthcare Hospitality Services Pty Ltd. The Agreement is a single-enterprise agreement.

[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 Health Services Union - Victoria No 2 Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 18 March 2013 and, in accordance with s.54 of the Act, will operate from 25 March 2013. The nominal expiry date of the Agreement is 17 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Compass Group (Australia) Pty Ltd and Compass Group Healthcare Hospitality Services Pty Ltd, collectively referred to as the employer, and the Health Services Union of Australia, the representative of the employees. The dispute centred on the application for the approval of the Compass Group - Medirest, Thomas Embling Enterprise Agreement 2012. The application was heard in the Fair Work Commission. The legal issues that the court needed to decide included whether the agreement met the requirements of the Fair Work Act 2009, and whether it provided fair and reasonable terms and conditions for the employees.

The court examined the provisions of the agreement, including the terms and conditions of employment, pay rates, and other employment-related matters. The court also considered the evidence presented by both parties, including submissions from the Health Services Union of Australia, which represented the employees. The court found that the agreement provided fair and reasonable terms and conditions for the employees and met the requirements of the Fair Work Act 2009. The court approved the agreement and made orders accordingly.

The court concluded that the agreement was in the best interests of the employees and provided a fair and reasonable outcome for both parties. The court approved the agreement and made orders accordingly. The final orders included the approval of the Compass Group - Medirest, Thomas Embling Enterprise Agreement 2012, which became a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established