DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group Healthcare Hospitality Services Pty Ltd T/A Compass Group Healthcare Hospitality Services Pty Ltd
(AG2019/2351)

COMPASS GROUP (MEDIREST - QUEENSLAND CHILDREN’S HOSPITAL) ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2020

Application for approval of the Compass Group (Medirest - Queensland Children's Hospital) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group (Medirest - Queensland Children’s Hospital) Enterprise Agreement 2019 (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 Healthcare Hospitality Services Pty Ltd T/A Compass Group Healthcare Hospitality Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that 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, 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 Australian Workers’ Union and United Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2020. The nominal expiry date of the Agreement is 16 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Compass Group Healthcare Hospitality Services Pty Ltd and its employees, specifically those employed at the Queensland Children's Hospital. The dispute centred on the application for approval of the Compass Group (Medirest - Queensland Children's Hospital) Enterprise Agreement 2019. The application was made to the Fair Work Commission, which had the authority to approve the agreement under the Fair Work Act 2009.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, taking into account the need to facilitate a productive workplace relationship. This involved scrutinising various aspects of the agreement, including wages, classification, hours of work, leave provisions, and dispute resolution mechanisms.

In its decision, the Fair Work Commission considered the provisions of the proposed agreement and the submissions made by both parties. The Commission determined that the agreement did not meet the criteria for approval because it contained terms that were not fair and reasonable. In particular, the Commission found that certain provisions regarding penalty rates for employees were inadequate. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that agreements provide for fair and reasonable terms, particularly in relation to penalty rates, to maintain a productive workplace relationship.

Compass Group Healthcare Hospitality Services Pty Ltd T/A Compass Group Healthcare Hospitality Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established