Compass Group Remote Hospitality Services Pty Ltd

Case

[2022] FWCA 602

22 FEBRUARY 2022


[2022] FWCA 602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Compass Group Remote Hospitality Services Pty Ltd

(AG2022/178)

Compass Group (ESS Larrakia) Enterprise Agreement 2022

Hospitality industry

DEPUTY PRESIDENT BOYCE

SYDNEY, 22 FEBRUARY 2022

Application for approval of the Compass Group (ESS Larrakia) Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement to be known as the Compass Group (ESS Larrakia) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Compass Group Remote Hospitality Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings dated 21 February 2022. 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 Hospitality Industry (General) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

  1. The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2022. The nominal expiry date of the Agreement is 22 February 2026.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE515057  PR738592>

Annexure A

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