Shrine Of Remembrance Trustees Trading AS Shrine Of Remembrance

[2025] FWCA 2168

[2025] FWCA 2168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Shrine Of Remembrance Trustees Trading AS Shrine Of Remembrance

(AG2025/1885)

SHRINE OF REMEMBRANCE ENTERPRISE AGREEMENT 2024

State and Territory government administration
COMMISSIONER TRAN	MELBOURNE, 2 JULY 2025

Application for approval of the Shrine of Remembrance Enterprise Agreement 2024

1. Shrine Of Remembrance (ABN: 97 827 162 519) has applied for approval of an enterprise agreement known as the Shrine of Remembrance Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 19.8 – Casual conversion

   ·   Clause 55 – Compassionate leave

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The CPSU, the Community and Public Sector Union-SPSF Group (CPSU-SPSF) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CPSU-SPSF.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 July 2025.

1. In accordance with clause 3.1, the nominal expiry date of the Agreement is 9 April 2028.

Variation under s 218A

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

1. I determined to vary the Agreement on my own initiative, following the identification of a typographical error in Clause 31.1.

1. The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

1. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 9 July 2025. The nominal expiry date of the Agreement as varied is 9 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529547  PR788797>

ANNEXURE A