Pet Angel Funerals Pty Ltd ATF Pet Angel Unit Trust T/A Pet Angel Funerals

[2024] FWCA 1246

[2024] FWCA 1246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pet Angel Funerals Pty Ltd ATF Pet Angel Unit Trust T/A Pet Angel Funerals

(AG2024/906)

PET ANGEL FUNERALS 2024 EBA

Cemetery operations
COMMISSIONER TRAN	MELBOURNE, 8 APRIL 2024

Application for approval of the Pet Angel Funerals 2024 EBA

1. Pet Angel Funerals Pty Ltd ATF Pet Angel Unit Trust T/A Pet Angel Funerals has applied for approval of an enterprise agreement known as the Pet Angel Funerals 2024 EBA (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. 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. The undertakings are taken to be a term of the agreement.

1. I note that the following clause may be inconsistent with the National Employment Standards:

-Clause 27 - Abandonment of employment is less beneficial than s.117 of the Act.

1. As the Agreement contains a National Employment Standards precedence clause at Clause 5, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2024.

1. In accordance with Clause 4, the nominal expiry date of the Agreement is 8 April 2028.

COMMISSIONER

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Annexure A