DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bendigo Cemeteries Trust T/A Remembrance Parks-Central Victoria (RPCV)
(AG2016/433)

REMEMBRANCE PARKS - CENTRAL VICTORIA ENTERPRISE AGREEMENT 2015-2018

Cemetery operations
COMMISSIONER ROE	MELBOURNE, 31 MARCH 2016

Application for approval of the Remembrance Parks - Central Victoria Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Remembrance Parks - Central Victoria Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bendigo Cemeteries Trust T/A Remembrance Parks-Central Victoria (RPCV). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 March 2016 and, in accordance with s.54, will operate from 7 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bendigo Cemeteries Trust T/A Remembrance Parks-Central Victoria (RPCV) applied to the Fair Work Commission for approval of the Remembrance Parks-Central Victoria Enterprise Agreement 2015-2018. The application was made under the Fair Work Act 2009, which requires that an enterprise agreement is approved by the Fair Work Commission if it meets certain criteria, including that it is in the best interests of the employees. The dispute centred around whether the agreement met the necessary requirements for approval and if it was fair and reasonable for the employees involved.

The legal issues the court needed to decide were whether the agreement had been made in accordance with the Fair Work Act, and if it was fair and reasonable for the employees. This included examining if the agreement provided for fair and reasonable terms and conditions, and if it had been made without the coercion, harassment, or undue influence. The court also needed to consider if the agreement was consistent with the National Employment Standards and if it provided for the resolution of disputes.

The Fair Work Commission found that the agreement had been made in good faith and without undue influence. The agreement was also found to be fair and reasonable, as it provided for minimum terms and conditions that were not less favourable than the National Employment Standards. The Commission noted that the agreement provided for the resolution of disputes through a formal process, and that it had been made with the appropriate consultation and negotiation. The Commission approved the agreement, finding that it met the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Remembrance Parks-Central Victoria Enterprise Agreement 2015-2018, finding that it met the necessary requirements for approval under the Fair Work Act. The agreement provides for fair and reasonable terms and conditions for the employees, and it provides for the resolution of disputes through a formal process. The Commission found that the agreement had been made in good faith, without undue influence, and with appropriate consultation and negotiation.

Bendigo Cemeteries Trust T/A Remembrance Parks-Central Victoria (RPCV)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established