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[2003] AIRC 271
procedural. Order issued varying the Cemetery Employees Award 1994 in accordance with the agreed draft order, as amended, operative from 20 March 2003 for a period of six months
The Australian Industrial Relations Commission reviewed the Cemetery Employees Award 1994 to remove provisions that were no longer allowed under workplace relations law changes. The union and employers agreed on what the new award should contain. The Commission approved their agreed version, which removed non-allowable matters and kept the essential entitlements. The new award operated for six months from 20 March 2003.
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2 cited instruments linked from this judgment.
Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the
[1] This matter is a review of the Cemetery Employees Award 1994 pursuant to the provisions of Item 51, Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (the WROLA Act). For the purposes of this decision the relevant provisions of Item 51 are as follows:
"51 Variation of awards after the end of the interim period
(1) As soon as practicable after the end of the interim period, the Commission must review each award:
(b) that the Commission is satisfied has been affected by item 50.
(2) The Commission must vary the award to remove provisions that ceased to have effect under item 50
(3) When varying the award under sub item (2), the Commission may also vary the award so that, in relation to an allowable award matter, the award is expressed in a way that reasonably represents the entitlements of employees in respect of that matter as provided in the award as in force immediately before the end of the interim period."
[2] The relevant part of Item 50 of the WROLA Act is in the following terms:
"50 Parts of awards cease to have effect at the end of the interim period
(1) At the end of the interim period, each award ceases to have effect to the extent that it provides for matters other than allowable award matters."
[4] The Australian Workers' Union and the Victorian Employers' Chamber of Commerce and Industry agree that the award is affected by Item 50. Moreover, the Commission is required when conducting the review to consider the Cemetery Employees Award 1994 having regard to paragraphs (6) and (7) of Item 51.
[5] Having reviewed the award pursuant to Item 51 of the WROLA Act the award will be varied so as to remove provisions which ceased to have effect under Item 50, schedule 5 of the WROLA Act . Moreover, the terms of the award which will be made are appropriate having regard to the criteria set out in Item 51, in particular they are appropriate having regard to paragraph (6) and (7) thereof and will include provisions concerning parental leave as agreed between the parties.
[6] As a result of several hearings and conferences, the parties have submitted an agreed draft order. I am satisfied that the terms of that draft order meet the requirements of the legislation.
[7] An order will issue in accordance with this decision in the terms of the draft order, as amended, and will operate on and from 20 March 2003 for a period of six months.
Printed by authority of the Commonwealth Government Printer
Order issued varying the Cemetery Employees Award 1994 in accordance with the agreed draft order, as amended, operative from 20 March 2003 for a period of six months