Application by Geelong Cemeteries Trust
Citation: [2026] FWCA 1892
What happened
The Geelong Cemeteries Trust sought approval for its Enterprise Agreement 2025. The Australian Workers’ Union (AWU) was the bargaining representative. The Commission identified errors in clause 52, relating to delegates' rights and terminology inconsistencies with modern awards. The employer proposed variations to correct these issues, which the AWU did not oppose.
What was decided
The Fair Work Commission approved the Geelong Cemeteries Trust Enterprise Agreement 2025, subject to several variations under section 218A of the Fair Work Act. These changes corrected identified errors in clause 52, primarily involving terminology and alignment with modern awards. The Commission also noted undertakings from the employer and incorporated a model flexibility term as required by law. The agreement will operate from July 28, 2026, and expire on June 30, 2029.
What it means for employers
Employers should carefully review enterprise agreements to ensure consistency with modern awards, particularly regarding delegates’ rights. Identifying and correcting errors proactively can streamline approval processes and avoid potential disputes. Written undertakings provided by the employer are now legally binding terms of the agreement.
What it means for employees
Employees covered by the Geelong Cemeteries Trust Enterprise Agreement 2025 will benefit from corrected terminology in clause 52, ensuring delegates’ rights align with modern award standards. The incorporation of a model flexibility term provides additional protections and entitlements as mandated by law.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →