SHRINE OF REMEMBRANCE ENTERPRISE AGREEMENT 2024

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.

[2] The Agreement is a single enterprise agreement.

[3] 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

[4] 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.

[5] 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.

[6] 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.

[7] 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.

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

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

Variation under s 218A

[10] 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.

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

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

[13] 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.

[14] 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.

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