Shrine of Remembrance Trustees T/A Shrine of Remembrance

[2021] FWCA 7037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shrine of Remembrance Trustees T/A Shrine of Remembrance
(AG2021/8522)

SHRINE OF REMEMBRANCE ENTERPRISE AGREEMENT 2021

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 9 DECEMBER 2021

Application for approval of the Shrine of Remembrance Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Shrine of Remembrance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shrine of Remembrance Trustees T/A Shrine of Remembrance. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Community and Public Sector 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2021. The nominal expiry date of the Agreement is 20 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shrine of Remembrance Trustees, trading as the Shrine of Remembrance, applied to the Fair Work Commission for approval of the Shrine of Remembrance Enterprise Agreement 2021. The agreement was intended to cover employees who were members of the National Tertiary Education Union. The dispute centred around the terms and conditions of employment, including pay rates, leave entitlements, and other working conditions for the employees. The Fair Work Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed agreement contained all the mandated terms and conditions, and if it complied with the relevant provisions of the Fair Work Act. The Commission also had to consider whether the agreement was in the best interests of the employees, taking into account the principles of procedural fairness and the overall public interest. Furthermore, the Commission examined the agreement to ensure that it did not contain any provisions that would have an adverse effect on the employees.

The Commission found that the proposed agreement contained all the required terms and conditions and complied with the relevant provisions of the Fair Work Act. The Commission also determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable pay rates, leave entitlements, and other working conditions. The Commission considered that the agreement did not contain any provisions that would have an adverse effect on the employees and was consistent with the principles of procedural fairness and the overall public interest. Consequently, the Commission approved the Shrine of Remembrance Enterprise Agreement 2021.

The Fair Work Commission approved the Shrine of Remembrance Enterprise Agreement 2021, effective from 1st January 2021. The agreement was to be applied to the employees who were members of the National Tertiary Education Union, and it contained all the required terms and conditions. The Commission's decision was based on the finding that the agreement was in the best interests of the employees and did not contain any provisions that would have an adverse effect on them. The approval of the agreement ensures that the employees' employment terms and conditions are fair and reasonable, and it complies with the relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established