| [2025] FWCA 1363 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Catholic Cemeteries & Crematoria Ltd as Trustee for the Catholic Cemeteries & Crematoria Trust
(AG2025/1023)
CATHOLIC CEMETERIES + CREMATORIA CLIENT SERVICES EMPLOYEES ENTERPRISE AGREEMENT
| Cemetery operations | |
| COMMISSIONER CRAWFORD | SYDNEY, 24 APRIL 2025 |
Application for approval of the Catholic Cemeteries + Crematoria Client Services Employees Enterprise Agreement
An application has been made for approval of an enterprise agreement known as the Catholic Cemeteries + Crematoria Client Services Employees Enterprise Agreement (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Catholic Cemeteries & Crematoria Ltd as trustee for the Catholic Cemeteries & Crematoria Trust. The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
Noting clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 24 April 2028.
COMMISSIONER
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- AGLC
- Catholic Cemeteries & Crematoria Ltd as Trustee for the Catholic Cemeteries & Crematoria Trust [2025] FWCA 1363
- Case
- [2025] FWCA 1363
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. This involved examining whether the agreement appropriately balanced the rights and interests of employees and employers, particularly in light of the employees' request for various conditions to be expressly excluded from the agreement. The Commission needed to ensure that the agreement did not unfairly disadvantage employees and that it adhered to the fundamental principles of the Act.
In reaching its decision, the Commission found that the proposed agreement was compliant with the statutory requirements. It determined that the exclusion of certain conditions from the agreement was justified and did not adversely affect the employees' overall terms and conditions of employment. The Commission also considered the nature of the agreement and the context in which it was proposed, concluding that it was in the best interests of both the employees and the employer. Consequently, the Commission approved the Catholic Cemeteries and Crematoria Client Services Employees Enterprise Agreement 2023.
The Fair Work Commission approved the Catholic Cemeteries and Crematoria Client Services Employees Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were required to comply with the terms and conditions as outlined. This decision provided clarity and certainty regarding the terms of employment for the client services employees within the Catholic Cemeteries and Crematoria Ltd, ensuring that the agreement was fair and balanced for both parties involved.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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