DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compass Group Healthcare Hospitality Services Pty Ltd T/A Medirest Australia
(AG2018/1261)

COMPASS GROUP (MEDIREST - ACT HOSPITALS) ENTERPRISE AGREEMENT 2018

Hospitality industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the Compass Group (Medirest - ACT Hospitals) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group (Medirest - ACT Hospitals) Enterprise Agreement 2018 (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 Medirest Australia. 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2018. The nominal expiry date of the Agreement is 11 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Compass Group Healthcare Hospitality Services Pty Ltd, trading as Medirest Australia, and the Australian Council of Trade Unions (ACTU). The nature of the dispute is an application for the approval of the Compass Group (Medirest - ACT Hospitals) Enterprise Agreement 2018. This matter was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly concerning the procedural fairness and the absence of any coercion or undue influence in its creation.

The court considered whether the bargaining process was genuine, if all employees were adequately represented, and if the agreement contained the necessary minimum entitlements as prescribed by the Act. Furthermore, the court evaluated the fairness of the agreement's terms and conditions, including pay and conditions, to ensure they were not below the safety net provided by the relevant awards and the National Employment Standards. The court also examined if the agreement adequately protected employees' rights and interests.

In delivering its decision, the Fair Work Commission found that the agreement was genuinely negotiated and did not involve any coercion or undue influence. The Commission was satisfied that all employees were appropriately represented in the bargaining process and that the agreement met the minimum entitlements required by the Act. The terms and conditions of the agreement were deemed to be fair and reasonable, taking into account the need to balance the interests of both the employer and employees. Consequently, the Commission approved the Compass Group (Medirest - ACT Hospitals) Enterprise Agreement 2018.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established