The Case

Health Services Union v Catering Industries (NSW) Pty Ltd (2022)

Aged-care provider Heritage Care decided to outsource its catering services, formerly provided by its own employees, to external catering company Catering Industries Pty Ltd. Heritage Care’s employees had their employment transferred to Catering Industries and their employment was covered by an existing enterprise agreement.

When the employees’ union, the Health Services Union, began to negotiate a replacement enterprise agreement, a dispute arose over which modern award covered the employees.

The union argued the Aged Care Award applied, whereas Catering Industries argued the Hospitality Industry (General) Award applied.