Application by Geelong Cemeteries Trust
Citation: [2026] FWCA 2209
What happened
Geelong Cemeteries Trust sought to vary its Enterprise Agreement 2025. The trust identified errors in Attachment 5, specifically incorrect rates for Leading Hand Allowances. The trust communicated a 100% increase to employees before the agreement was finalised. The Australian Workers’ Union, covered by the agreement, did not object to the variation. The error was described as genuine.
What was decided
The Fair Work Commission approved the variation of the Geelong Cemeteries Trust Enterprise Agreement 2025. The incorrect Leading Hand Allowance rates in Attachment 5 will be replaced with the correct rates outlined in Annexure B. The variation is effective from August 14, 2026. The Commission found the error was an obvious mistake.
What it means for employers
Employers should ensure accuracy in enterprise agreements and communicate any intended changes clearly to employees before finalisation. Reviewing agreements carefully before they take effect can prevent costly variations later.
What it means for employees
Employees should be aware of their entitlements under enterprise agreements and raise any discrepancies promptly. Unions can play a role in ensuring agreement accuracy and advocating for corrections.
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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