Millingtons Cemetery Services Pty Ltd T/A Millingtons Cemeteries
[2023] FWCA 225
•23 JANUARY 2023
| [2023] FWCA 225 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Millingtons Cemetery Services Pty Ltd T/A Millingtons Cemeteries
(AG2022/5604)
MILLINGTONS CEMETERIES OUTDOOR STAFF ENTERPRISE AGREEMENT 2022-2025
| Cemetery operations | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 23 JANUARY 2023 |
Application for approval of the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2022-2025
Millingtons Cemetery Services Pty Ltd has applied for approval of an enterprise agreement known as the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Australian Municipal, Administrative, Clerical and Services 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.
I observe that clause 10.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2023. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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