DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group B&I Hospitality Services Pty Ltd T/A Eurest
(AG2021/6613)

COMPASS GROUP (PORT PHILLIP PRISON) ENTERPRISE AGREEMENT 2021

Hospitality industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 AUGUST 2021

Application for approval of the Compass Group (Port Phillip Prison) Enterprise Agreement 2021.

[1] Compass Group B&I Hospitality Services Pty Ltd T/A Eurest (the Employer) has made an application for approval of an enterprise agreement known as the Compass Group (Port Phillip Prison) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[4] The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 August 2021 and, in accordance with s 54, will operate from 30 August 2021. The nominal expiry date of the Agreement is 23 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Compass Group B&I Hospitality Services Pty Ltd, trading as Eurest, applied for the approval of the Compass Group (Port Phillip Prison) Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for staff working in the hospitality services at Port Phillip Prison. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was a "single interest" enterprise agreement. This classification is crucial because it exempts the agreement from certain procedural requirements under the Fair Work Act. The Commission had to consider whether the agreement genuinely represented a single interest, meaning that it was made between employers representing a single employer and employees representing a single class of employees. Another significant aspect was whether the agreement contained all the mandated minimum terms as required by the Fair Work Act.

In its decision, the Fair Work Commission found that the Compass Group (Port Phillip Prison) Enterprise Agreement 2021 was indeed a single interest enterprise agreement. The Commission determined that the agreement appropriately represented the interests of both the employer and the employees and contained all the necessary minimum terms. The Commission further noted that the agreement was made in good faith and without any coercion. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission ordered the approval of the Compass Group (Port Phillip Prison) Enterprise Agreement 2021, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would govern the employment conditions of the relevant staff at Port Phillip Prison.

Compass Group B&I Hospitality Services Pty Ltd T/A Eurest

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established