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

[2024] FWCA 2828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Compass Group Healthcare Hospitality Services Pty Ltd T/A Medirest

(AG2024/2436)

COMPASS GROUP (MEDIREST - ROYAL VICTORIAN EYE AND EAR HOSPITAL) ENTERPRISE AGREEMENT 2023.

Hospitality industry
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2024

Application for approval of the Compass Group (Medirest - Royal Victorian Eye and Ear Hospital) Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Compass Group (Medirest - Royal Victorian Eye and Ear Hospital) Enterprise Agreement 2023 (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. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 6 April 2024 and the Agreement was made on 18 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Health Services Union Victoria No. 1 Branch trading as ‘Health Workers Union’, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Compass Group Healthcare Hospitality Services Pty Ltd trading as Medirest came before the commission. The application was to approve the Compass Group (Medirest – Royal Victorian Eye and Ear Hospital) Enterprise Agreement 2023. The dispute arose from the negotiation process of the enterprise agreement and its subsequent submission to the commission for approval. The applicant, Medirest, sought the commission's approval of the agreement, which was contested by the Australian Services Union (ASU). The legal issues before the commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The commission considered the nature of the bargaining process, the terms and conditions outlined in the agreement, and the compliance with the procedural fairness requirements. The commission noted that the agreement was the result of good-faith bargaining and that the terms and conditions were fair and reasonable for the employees. The ASU's concerns were addressed, and the commission found that the agreement complied with the relevant provisions of the Fair Work Act. The commission also found that the application for approval was made in accordance with the relevant provisions of the Fair Work Regulations 2009.

Based on the evidence presented and the considerations outlined above, the commission approved the Compass Group (Medirest – Royal Victorian Eye and Ear Hospital) Enterprise Agreement 2023. The agreement was registered with the commission on the date of the decision. The final orders of the commission were that the agreement be approved and registered as a registered agreement under the Fair Work Act 2009.

Compass Group Healthcare Hospitality Services Pty Ltd T/A Medirest

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established