Bendigo Cemeteries Trust T/A Remembrance Parks Central Victoria

[2019] FWCA 8453

[2019] FWCA 8453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bendigo Cemeteries Trust T/A Remembrance Parks Central Victoria
(AG2019/4114)

REMEMBRANCE PARKS - CENTRAL VICTORIA ENTERPRISE AGREEMENT 2019-2023

Cemetery operations
COMMISSIONER MCKINNON	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Remembrance Parks - Central Victoria Enterprise Agreement 2019-2023.

[1] Bendigo Cemeteries Trust T/A Remembrance Parks Central Victoria has applied for approval of a single enterprise agreement known as the Remembrance Parks - Central Victoria Enterprise Agreement 2019-2023 (the Agreement). The Australian Workers’ Union was a bargaining representative for the Agreement and supports the application.

[2] Concerns about whether the Agreement passes the better off overall test were raised with the parties. In response to those concerns, written undertakings have been given and are attached at Annexure A. I am satisfied that the undertakings resolve the concern raised. The effect of accepting the undertakings is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The undertakings are accepted and are taken to be terms of the Agreement.

[3] With the undertakings referred to above and having regard to each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application, I am satisfied that the Agreement must be approved.

[4] The application was not lodged within the requisite 14 day period. An explanation has been provided for the delay and in the circumstances, I consider it fair to extend the lodgement time to the date the application was made.

[5] Schedule 3 to the Agreement contains an error due to the incorrect calculation of base rates of pay for outdoor employees. An amended version of Schedule 3 is now before me together with a consent application that the Agreement be amended by replacing Schedule 3 under s.586 of the Act with the correct version. I am satisfied that it is appropriate to make the amendment and I do so.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2019. The nominal expiry date of the Agreement is 21 May 2023.

[7] The Australian Workers’ Union is covered by the Agreement.

COMMISSIONER

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Annexure A