DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Ballaarat General Cemeteries Trust
(AG2014/10342)

BALLAARAT GENERAL CEMETERIES TRUST (INDOOR AND OUTDOOR EMPLOYEES) ENTERPRISE AGREEMENT 2014—2017

Cemetery operations
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 JANUARY 2015

Application for approval of the Ballaarat General Cemeteries Trust (Indoor and Outdoor Employees) Enterprise Agreement 2014—2017.

[1] An application has been made for approval of an enterprise agreement known as the Ballaarat General Cemeteries Trust (Indoor and Outdoor Employees) Enterprise Agreement 2014—2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ballaarat General Cemeteries Trust. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Ballaarat General Cemeteries Trust sought approval for the Ballaarat General Cemeteries Trust (Indoor and Outdoor Employees) Enterprise Agreement 2014—2017. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary standards for approval, particularly in light of the Trust's submission that it had been negotiated in good faith and was in the best interests of the employees. The dispute arose from concerns regarding the terms and conditions of employment within the agreement, specifically whether they complied with the relevant industrial legislation and standards.

The primary legal issue before the FWC was to assess whether the enterprise agreement was fair and appropriate, considering the principles of good faith bargaining and the overall benefit to the employees. The Commission also needed to determine if the agreement was consistent with the relevant federal legislation and if it adequately addressed the needs of both the employees and the Trust. The FWC's evaluation involved a detailed examination of the negotiation process and the substantive provisions of the agreement to ensure they met the necessary criteria for approval.

In its decision, the FWC concluded that the enterprise agreement was fair and appropriate. The Commission found that the Trust had engaged in good faith negotiations and that the terms and conditions within the agreement were reasonable and in the best interests of the employees. The FWC noted that the agreement provided a balanced outcome for both parties and aligned with the relevant legislative framework. The Commission approved the agreement, finding that it met all the necessary criteria for endorsement.

The FWC's final order was to approve the Ballaarat General Cemeteries Trust (Indoor and Outdoor Employees) Enterprise Agreement 2014—2017, effective from the date of the decision. This approval ensured that the agreement would govern the employment terms and conditions of the employees for the specified period, providing legal certainty and stability in the workplace.

Ballaarat General Cemeteries Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established