DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat General Cemeteries Trust
(AG2018/5392)

BALLARAT GENERAL CEMETERIES TRUST -ENTERPRISE AGREEMENT 2018 -2022

Cemetery operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Ballarat General Cemeteries Trust -Enterprise Agreement 2018 -2022.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat General Cemeteries Trust -Enterprise Agreement 2018 -2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballarat General Cemeteries Trust. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clauses 26, 43, and 64 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 6 February 2019 and, in accordance with s.54, will operate from 13 February 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Ballarat General Cemeteries Trust sought approval for their Enterprise Agreement 2018-2022. The application was brought before Commissioner A. The dispute centred on whether the proposed agreement complied with the relevant statutory provisions, particularly concerning the conditions of employment, remuneration, and procedural fairness for the employees of the Trust.

The primary legal issues addressed by the court involved the fairness and compliance of the proposed agreement. The court had to determine if the agreement met the requirements set out in the Fair Work Act 2009, specifically whether it was free from any unfair content and whether it had been negotiated in good faith. Additionally, the court examined if the agreement provided for procedural fairness, ensuring employees were adequately consulted and informed about the terms and conditions of their employment.

The court, after reviewing the submissions and evidence presented, found that the agreement was fair and compliant with the statutory requirements. The agreement was deemed to be free from unfair content and had been negotiated in good faith. Furthermore, the Trust had demonstrated adequate consultation with its employees, ensuring they were informed and had an opportunity to be heard on the terms of the agreement. Consequently, the court approved the Enterprise Agreement 2018-2022, deeming it to be in the best interests of both the employees and the Trust.

No further orders were made beyond the approval of the Enterprise Agreement. The decision concluded that the agreement met the necessary legal standards and was suitable for implementation.

Ballarat 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