| [2025] FWCA 269 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Compass Group Health Services Pty Ltd
(AG2024/5186)
COMPASS GROUP (MEDIREST – UNIVERSITY OF CANBERRA HOSPITAL) ENTERPRISE AGREEMENT 2024
| Hospitality industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 23 JANUARY 2025 |
Application for approval of the Compass Group (Medirest – University of Canberra Hospital) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Compass Group (Medirest – University of Canberra Hospital) Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Compass Group Health Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 16 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Health Services Union (HSU), and the United Workers’ Union (UWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2025. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
- AGLC
- Compass Group Health Services Pty Ltd [2025] FWCA 269
- Case
- [2025] FWCA 269
- Decision Date
CaseChat Overview and Summary
The Commission examined the process through which the agreement was reached, considering whether it complied with the procedural requirements outlined in the Fair Work Act. It also assessed whether the agreement contained any terms that would have a detrimental effect on the health, safety or welfare of employees. The Commission found that the agreement was the result of genuine and independent bargaining, conducted with procedural fairness. Furthermore, the content of the agreement was deemed to be fair and reasonable, providing adequate protections for the employees and not including any terms that would be detrimental to their health, safety or welfare.
Based on these findings, the Fair Work Commission approved the application for the Compass Group (Medirest – University of Canberra Hospital) Enterprise Agreement 2024. The approval was granted on the condition that the agreement would be registered with the Fair Work Commission. The decision was made in accordance with the provisions of the Fair Work Act 2009, ensuring that the agreement would provide a fair and equitable framework for the employees involved.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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