Ballarat General Cemeteries Trust

[2019] FWCA 700

[2019] FWCA 700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat General Cemeteries Trust
(AG2018/5392)

BALLARAT GENERAL CEMETERIES TRUST -ENTERPRISE AGREEMENT 2018 -2022

Cemetery operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Ballarat General Cemeteries Trust -Enterprise Agreement 2018 -2022.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat General Cemeteries Trust -Enterprise Agreement 2018 -2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballarat General Cemeteries Trust. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] I observe that clauses 26, 43, and 64 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian 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.

[6] The Agreement was approved on 6 February 2019 and, in accordance with s.54, will operate from 13 February 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

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<AE501645  PR704601>

Annexure A