Catholic Metropolitan Cemeteries Trust (formerly Liverpool General Cemetery Trust)

[2013] FWCA 1552

[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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<Price code A, AE882513  PR534765>