Compass Group Healthcare Hospitality Services Pty Ltd & Anor v United Workers' Union

Case

[2023] HCASL 178


COMPASS GROUP HEALTHCARE HOSPITALITY SERVICES PTY LTD & ANOR

v

UNITED WORKERS' UNION

[2023] HCASL 178
A12/2023

  1. The applicant seeks special leave to appeal from a judgment of the Full Court of the Federal Court of Australia (Rares, O'Sullivan and Feutrill JJ), dismissing an appeal against a judgment of the South Australian Employment Tribunal (Deputy President Cole).

  2. The Full Court applied well-established principles concerning the application of the ordinary and customary turnover of labour exception in s 119(1)(a) of the Fair Work Act 2009 (Cth). There is no reason to doubt the correctness of the Full Court's reasons and therefore the application for special leave does not enjoy sufficient prospects of success.

  3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.J. Gageler J.S. Gleeson
9 November 2023
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