s.603 - Application to vary or revoke a FWC decision

Compass Group (Australia) Pty Ltd Trading AS Compass Group

Application to vary decision [2025] FWC 1067 - granted

• [1] On Tuesday 15 April 2025, I issued my Decision in [2025] FWC 1067. In that Decision, I dismissed Compass Group (Australia) Pty Ltd T/A Compass Group's application under s 120 of the Fair Work Act 2009 (Cth) to vary its obligation to pay redundancy pay to workers who had previously been employed under Compass Group's Facilities Management Agreement at the Queensland Children's Hospital.

• [2] In that Decision, I ordered that Compass Group was to pay all outstanding redundancy payments to the Affected Employees within 14 days of the Decision, which would be Tuesday 29 April 2025. Compass Group has applied under s 603 of the Act to vary this date to Wednesday 7 May 2025.

• [3] Compass Group submits that it has been receiving updated banking details from a number of Affected Employees and verifying those details. They require further time to ensure payments can be made to an affected employee's correct bank account. Further, in light of the recent public holidays and leave periods, less resources have been on hand to complete the task of updating bank details and setting up the payments.

• [4] The Australian Workers' Union and United Workers' Union indicated they would not contest the extension sought if Compass Group undertook that it would not be appealing the Decision. Compass Group did so.

• [5] Section 603 of the Act grants the Commission the power to vary or revoke a decision of the Commission on its own initiative or on application by a person who is affected by the decision. I am satisfied that Compass Group has standing to make the application.

• [6] The Decision was made under Part 2-2 of the Act. It is therefore not excluded from variation by s 603(2).

• [7] The power under s 603 was considered by the High Court in _Esso Australia Pty Ltd v The Australian Workers' Union.[1]_It is a broad power, but this does not mean it should be exercised without cause.

• [8] In this case, I am satisfied it is appropriate to make the variation sought. Compass Group seeks an additional week to make the redundancy payments. The Decision concerns approximately 200 former employees. I accept that this is a large administrative undertaking. It is also not controversial that the Easter and ANZAC Day public holidays took place between the Decision being issued and the original date ordered for payment.

• [9] Accordingly, I order that the Decision be varied as follows:

"[71] Compass Group also seeks an order for an extension of the timeframe to pay all outstanding redundancy entitlements to the Affected Employees after the termination of their employment. The extension is sought to provide the necessary time for the resolution of this application. There was no objection from the AWU or the UWU to this request. To the extent that it is necessary, I grant the request, and order that:

1. All outstanding redundancy payments for the Affected Employees in Annexure A are to be made by 5pm AWST, Wednesday 7 May 2025.

1. Compass Group are to serve a copy of this Decision on all Affected Employees listed in Annexure A."

Annexure A: Affected Employees who are entitled to redundancy pay

[1] [2017] HCA 54 at [49]- [50] (per Kiefel CJ, Keane, Nettle and Edelman JJ).

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