DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shrine of Remembrance Trustees T/A Shrine of Remembrance
(AG2018/6211)

THE SHRINE OF REMEMBRANCE ENTERPRISE AGREEMENT - 2019

State and Territory government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2019

Application for approval of the The Shrine of Remembrance Enterprise Agreement - 2019.

[1] An application has been made for approval of an enterprise agreement known as the The Shrine of Remembrance Enterprise Agreement - 2019 (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] 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] The CPSU, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shrine of Remembrance Trustees, trading as The Shrine of Remembrance, sought approval for the Shrine of Remembrance Enterprise Agreement - 2019. This application was heard by the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and if the agreement was in the best interests of the employees.

The Commission examined the process by which the agreement was made, the coverage of the agreement, and the terms and conditions it contained. It was important to determine if the agreement had been made in good faith and if it provided for the proper management of the workplace. The Commission also considered if the agreement allowed for fair and flexible working arrangements and if it appropriately balanced the interests of employers and employees.

After reviewing the evidence and submissions, the Commission found that the agreement was made in good faith and covered the appropriate employees. The terms and conditions were deemed to be fair and reasonable, and the agreement appropriately balanced the interests of both parties. The Commission approved the agreement, finding it to be in the best interests of the employees.

The final orders included the approval of the Shrine of Remembrance Enterprise Agreement - 2019, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to implement the agreement.

Shrine of Remembrance Trustees T/A Shrine of Remembrance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established