Catholic Cemeteries & Crematoria Ltd As Trustee For The Catholic Cemeteries and Crematoria Trust T/A Catholic Cemeteries and Crematoria

[2025] FWCA 3220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Catholic Cemeteries & Crematoria Ltd As Trustee For The Catholic Cemeteries and Crematoria Trust T/A Catholic Cemeteries and Crematoria

(AG2025/3108)

CATHOLIC CEMETERIES + CREMATORIA MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT

Cemetery operations
COMMISSIONER SLOAN	SYDNEY, 23 SEPTEMBER 2025

Application for approval of the Catholic Cemeteries + Crematoria Maintenance Employees Enterprise Agreement

The Trustees for Catholic Cemeteries + Crematoria Trust has applied for approval of a single enterprise agreement known as the Catholic Cemeteries + Crematoria Maintenance Employees Enterprise Agreement (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The Australian Workers’ Union (“AWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the AWU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 30 September 2025. The nominal expiry date of the Agreement is 23 September 2028.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Catholic Cemeteries & Crematoria Ltd As Trustee For The Catholic Cemeteries and Crematoria Trust T/A Catholic Cemeteries and Crematoria for the approval of the Catholic Cemeteries + Crematoria Maintenance Employees Enterprise Agreement. The matter was heard in the Fair Work Commission, presided over by Deputy President M W J Smith. The primary issue before the Commission was whether the proposed agreement contained all the required provisions and complied with the relevant provisions of the Fair Work Act 2009.

The legal issues addressed by the Commission included whether the agreement contained all the necessary provisions as outlined in the Fair Work Act and whether it complied with the mandatory requirements for enterprise agreements, including provisions for minimum wages and conditions. The Commission also considered the extent to which the agreement provided for appropriate mechanisms for resolving disputes and ensuring transparency in the workplace. The Deputy President examined the submissions and evidence provided by the parties to determine whether the agreement met the legal standards and could be approved.

The Deputy President found that the proposed agreement contained all the required provisions and complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement included provisions for minimum wages and conditions, as well as mechanisms for resolving disputes and ensuring transparency in the workplace. The Deputy President also considered the evidence provided by the parties and found that the agreement was appropriate and could be approved. The Commission approved the Catholic Cemeteries + Crematoria Maintenance Employees Enterprise Agreement, subject to the terms and conditions outlined in the decision.

The Commission made orders approving the Catholic Cemeteries + Crematoria Maintenance Employees Enterprise Agreement, subject to the terms and conditions outlined in the decision. The Deputy President also made orders for the agreement to be registered with the Fair Work Commission and for the agreement to be given effect in accordance with the Fair Work Act. The decision provides guidance for employers and employees in the Catholic Cemeteries and Crematoria industry and sets a precedent for the approval of similar enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established