DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bendigo Cemeteries Trust T/A Remembrance Parks Central Victoria
(AG2019/4114)

REMEMBRANCE PARKS - CENTRAL VICTORIA ENTERPRISE AGREEMENT 2019-2023

Cemetery operations
COMMISSIONER MCKINNON	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Remembrance Parks - Central Victoria Enterprise Agreement 2019-2023.

[1] Bendigo Cemeteries Trust T/A Remembrance Parks Central Victoria has applied for approval of a single enterprise agreement known as the Remembrance Parks - Central Victoria Enterprise Agreement 2019-2023 (the Agreement). The Australian Workers’ Union was a bargaining representative for the Agreement and supports the application.

[2] Concerns about whether the Agreement passes the better off overall test were raised with the parties. In response to those concerns, written undertakings have been given and are attached at Annexure A. I am satisfied that the undertakings resolve the concern raised. The effect of accepting the undertakings is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The undertakings are accepted and are taken to be terms of the Agreement.

[3] With the undertakings referred to above and having regard to each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application, I am satisfied that the Agreement must be approved.

[4] The application was not lodged within the requisite 14 day period. An explanation has been provided for the delay and in the circumstances, I consider it fair to extend the lodgement time to the date the application was made.

[5] Schedule 3 to the Agreement contains an error due to the incorrect calculation of base rates of pay for outdoor employees. An amended version of Schedule 3 is now before me together with a consent application that the Agreement be amended by replacing Schedule 3 under s.586 of the Act with the correct version. I am satisfied that it is appropriate to make the amendment and I do so.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2019. The nominal expiry date of the Agreement is 21 May 2023.

[7] The Australian Workers’ Union is covered by the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Bendigo Cemeteries Trust, trading as Remembrance Parks Central Victoria, and the Australian Services Union. The dispute centred around the application for approval of the Remembrance Parks - Central Victoria Enterprise Agreement 2019-2023. The Fair Work Commission was tasked with determining whether the agreement should be approved as a certified agreement under the Fair Work Act 2009. The key legal issues before the Commission included whether the agreement met the requirements for a certified agreement, specifically concerning its coverage, negotiation process, and adherence to the Fair Work Act.

The Commission began by examining the negotiation process and the parties involved. It was established that the Australian Services Union had been appropriately recognised as a bargaining representative for the employees. The Commission also considered whether the agreement had been genuinely negotiated and whether it had been properly presented to the employees for a vote. Additionally, the Commission assessed whether the agreement contained all necessary terms and conditions of employment, and whether it complied with the Fair Work Act, including the provision of minimum entitlements. The Court also considered the impact of the agreement on employees and the overall fairness of the terms.

After thorough consideration of the evidence and arguments presented by both parties, the Fair Work Commission determined that the Remembrance Parks - Central Victoria Enterprise Agreement 2019-2023 met the statutory requirements for a certified agreement. The Commission found that the agreement had been genuinely negotiated and presented to employees for a vote. It also concluded that the agreement contained all necessary terms and conditions of employment and complied with the Fair Work Act. Consequently, the Commission approved the agreement as a certified agreement, effective from the date of the decision.

The final orders included the approval of the Remembrance Parks - Central Victoria Enterprise Agreement 2019-2023 as a certified agreement, with the terms and conditions outlined in the agreement to apply to the employees covered by the agreement. The decision was binding on all parties involved, and the agreement became effective from the date of the decision.

Bendigo Cemeteries Trust T/A Remembrance Parks Central Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established