Application for approval of the Compass Group (Delta FM) Enterprise Agreement 2025

[1] Delta FM Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Compass Group (Delta FM) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers' Union (AWU), the Construction, Forestry and Maritime Employees Union - Construction and General Division, South Australian Divisional Branch (CFMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and individual employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU requested for a further extension of two business days to provide views, I granted this extension. No concerns were raised.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] The Agreement's workplace delegates' rights term is less favourable than the delegates' rights term in the Cleaning Services Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the Agreement's delegates' rights term has no effect, and the delegates' rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.

[5] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The AWU, CFMEU and CEPU being bargaining representatives for the Agreement, have given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU, CFMEU and CEPU.

[7]

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2025. The nominal expiry date of the Agreement is 29 October 2029.

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