The Greater Metropolitan Cemeteries Trust

[2018] FWCA 3222

[2018] FWCA 3222

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.217—Enterprise agreement

The Greater Metropolitan Cemeteries Trust

(AG2018/1845)

The Greater Metropolitan Cemeteries Trust Enterprise Agreement 2017

Cemetery operations
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 JUNE 2018

Variation of The Greater Metropolitan Cemeteries Trust Enterprise Agreement 2017 – variation of wording in cl 26.1 (Wage Increases).

1. On 6 May 2018, The Greater Metropolitan Cemeteries Trust (GMCT) applied to vary The Greater Metropolitan Cemeteries Trust Enterprise Agreement 2017 (the Agreement) under s.217 of the Fair Work Act 2009 (the FW Act).

1. GMCT seeks to vary cl 26.1 of the Agreement, which deals with wage increases during the life of the Agreement. It currently reads:

’26 Wage Increases

26.1 The wage rates for all employees covered by this Agreement as set out in Attachment 1, will be increased by 3% effective from the first full pay period on or after seven (7) days from certification. Such increase will be paid retrospectively in the first pay period on or after commencement of this Agreement.’

1. GMCT wishes to replace ‘will be’ in the first sentence with ‘have been’.

1. I directed the employees and employee organisations covered by the Agreement to advise my chambers by 1 June 2018 if any of them wished to be heard in relation to this application. The Australian Municipal, Administrative, Clerical and Services Union advised my chambers on 1 June 2018 that it does not oppose the proposed variation. No other party advised my chambers that he or she wished to be heard.

1. Attachment 1 to the Agreement is a large table of wage rates for employees in the various classifications for which the Agreement provides. Relevantly, it contains columns headed ‘1 July 2017 Base Salary’, ‘1 July 2018 Base Salary’, ‘1 July 2019 Base Salary’ and ‘1 July 2020 Base Salary’.

2. GMCT states, and I agree it is logical, that on their face, the wage rates in the column headed ‘1 July 2017 Base Salary’ would be interpreted as being the actual wage rates payable from 1 July 2017. The wage rates in the subsequent columns reflect 3% increases year on year. However, a literal reading of cl 26.1 as it currently stands would suggest that the figures in each column would need to be increased by 3% to obtain the actual wage rates payable from the date in the column heading, i.e. the actual rates payable from the first full pay period commencing on or after 1 July 2017 would be those shown in the column headed ‘1 July 2018 Base Salary’, and so on. I therefore agree that that there is an ambiguity or uncertainty of the kind envisaged by s.217 of the FW Act. Moreover, I consider that the parties’ intention was that the wage rates in each column would be the actual wage rates payable from the date in the heading of the respective column.

1. Accordingly, I have decided to approve the variation to remove that ambiguity or uncertainty. An order giving effect to this and a copy of the Agreement that includes the variation will issue concurrently with this decision. The variation operates from today, 4 June 2018.

SENIOR DEPUTY PRESIDENT

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