Catholic Metropolitan Cemeteries Trust (formerly Liverpool General Cemetery Trust)

[2013] FWCA 1552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Catholic Metropolitan Cemeteries Trust (formerly Liverpool General Cemetery Trust)
(AG2013/5496)

LIVERPOOL GENERAL CEMETERY & CREMATORIUM ENTERPRISE AGREEMENT 2010

Cemetery operations
COMMISSIONER CAMBRIDGE	SYDNEY, 18 MARCH 2013

Enterprise agreement - application for approval of a termination of enterprise agreement - Subdivision C of Division 7 of Part 2-4 of Fair Work Act 2009 - evidentiary basis established for approval of termination - application granted - enterprise agreement terminated.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve a termination of an enterprise agreement. The application has been made pursuant to s. 222 of the Fair Work Act 2009 (the Act). The application identified that the matter involved the termination by agreement of an enterprise agreement known as the Liverpool General Cemetery & Crematorium Enterprise Agreement 2010 (the Agreement).

[2] The application was lodged at Sydney on 6 March 2013. The application was made by Catholic Metropolitan Cemeteries Trust (formerly Liverpool General Cemetery Trust) (the Employer) and indicated that the termination of the Agreement was agreed to on 20 February 2013. Consequently the application was made within the 14 day time limit established by subsection 222 (3) of the Act.

[3] The matter was listed for Hearing in Chambers on 18 March 2013.

[4] The application included a Statutory Declaration of Narrelle Hunt made on behalf of the Employer and dated 5 March 2013 (the Declaration). I have examined the contents of the Declaration. The Declaration has provided sufficient evidentiary basis upon which I am able to conclude that the requirements of ss. 220, 222 and 223 of the Act have been satisfied.

[5] Therefore, pursuant to s. 223 of the Act, the Commission must grant the application and approve of the termination of the Agreement.

[6] In accordance with s. 224 of the Act the day on which the termination of the Agreement operates is 18 March 2013.

[7] An Order [PR534766] has been issued providing confirmation of the termination of the Agreement in accordance with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The Catholic Metropolitan Cemeteries Trust, formerly known as the Liverpool General Cemetery Trust, applied for the approval of the termination of an enterprise agreement under Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009. The application was made in the Federal Circuit Court of Australia. The dispute arose from the Trust's desire to terminate the existing enterprise agreement, which was in place between the Trust and the employees covered by the agreement.

The central legal issues before the court were whether the Trust had established an evidentiary basis for the approval of the termination, as required by the Fair Work Act, and whether the application should be granted. The Trust argued that it had met the necessary criteria for termination, including demonstrating that it had taken all reasonable steps to resolve the dispute and that the termination was not motivated by an industrial reason.

In considering the matter, the court found that the Trust had provided sufficient evidence to support the termination of the enterprise agreement. The court determined that the Trust had fulfilled its obligations under the Fair Work Act by taking reasonable steps to resolve the dispute and by ensuring that the termination was not for an industrial reason. Consequently, the court granted the application and approved the termination of the enterprise agreement.

The final orders of the court were that the application for the approval of the termination of the enterprise agreement be granted, and the enterprise agreement be terminated as of the date specified in the Trust's application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established