DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group (Australia) Pty Ltd T/A Compass Group
(AG2021/188)

COMPASS GROUP (MEDIREST - ACT HOSPITAL CLEANERS) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Cleaning services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 FEBRUARY 2021

Application for approval of the Compass Group (Medirest - ACT Hospital Cleaners) and United Workers Union Enterprise Agreement 2020.

[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 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 February 2021. The nominal expiry date of the Agreement is 16 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Compass Group (Australia) Pty Ltd, trading as Compass Group, applied for approval of their enterprise agreement with the United Workers Union, which pertains to cleaners in ACT hospitals. The Fair Work Commission heard the application and was required to determine if the agreement complied with the relevant legislative provisions. Specifically, the Commission had to assess whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement was a simple, low-risk agreement, which would allow it to be registered without a vote of the employees. The Commission examined the provisions of the agreement, the process by which it was negotiated, and whether it contained any terms that were contrary to public policy or not in the best interests of the employees. Additionally, the Commission had to consider if the agreement was fair and reasonable, and if it provided for a safety net of minimum wages and conditions.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was a simple, low-risk agreement that complied with the Fair Work Act. The Commission noted that the agreement provided for a safety net of minimum wages and conditions and that the negotiation process was fair and in good faith. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application for registration.

The Fair Work Commission approved the Compass Group (Medirest - ACT Hospital Cleaners) and United Workers Union Enterprise Agreement 2020, and it was registered on the Register of Approved Agreements. The agreement now provides the terms and conditions of employment for the covered employees.

Compass Group (Australia) Pty Ltd T/A Compass Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established