DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Shrine of Remembrance Trustees T/A Shrine of Remembrance
(AG2015/2287)

THE SHRINE OF REMEMBRANCE ENTERPRISE AGREEMENT - 2015

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 25 MAY 2015

Application for approval of the Shrine of Remembrance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Shrine of Remembrance Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Shrine of Remembrance Trustees T/A Shrine of Remembrance. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Community and Public Sector Union (CPSU), 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 1 June 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The Shrine of Remembrance Trustees, trading as the Shrine of Remembrance, sought approval of the Shrine of Remembrance Enterprise Agreement 2015. The application was before the Fair Work Commission. This case involved the interpretation and application of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The legal issues at hand were whether the agreement met the requirements of the Act, including whether it provided for a fair and effective system of dispute resolution and whether it had been genuinely agreed upon by the parties.

The commission examined the agreement clause by clause, considering its compliance with the statutory provisions. A significant point of scrutiny was the dispute resolution mechanism, which needed to provide a fair and effective process for resolving disputes. The commission also assessed whether the agreement had been genuinely negotiated and agreed upon by the parties. It found that while there were some procedural imperfections, the overall process was genuine, and the agreement met the necessary criteria. The commission concluded that the agreement should be approved, acknowledging some minor issues but finding them to be of an administrative nature rather than substantive.

The Fair Work Commission approved the Shrine of Remembrance Enterprise Agreement 2015. It found that the agreement was generally compliant with the Fair Work Act and the Fair Work (Registered Organisations) Act. The commission accepted that while there were procedural issues in the negotiation process, these did not undermine the genuineness of the agreement. The decision underscores the importance of adhering to statutory requirements in enterprise agreements but also recognises that minor procedural imperfections do not necessarily invalidate an agreement if it is otherwise compliant and genuinely negotiated.

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