DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Catholic Metropolitan Cemeteries Trust T/A Catholic Cemeteries & Crematoria
(AG2015/7509)

CATHOLIC METROPOLITAN CEMETERIES TRUST CLIENT SERVICES EMPLOYEES ENTERPRISE AGREEMENT

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 DECEMBER 2015

Application for approval of the Catholic Metropolitan Cemeteries Trust Client Services Employees Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Catholic Metropolitan Cemeteries Trust Client Services Employees Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Funeral and Allied Industries Union of New South Wales, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 16 December 2015. The nominal expiry date of the Agreement is 15 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Catholic Metropolitan Cemeteries Trust, trading as Catholic Cemeteries & Crematoria, applied to the Fair Work Commission for approval of the Catholic Metropolitan Cemeteries Trust Client Services Employees Enterprise Agreement. The applicant is an employer, and the respondents are the unions representing the employees, namely the Transport Workers Union of Australia and the Shop, Distributive and Allied Employees Association. The unions sought a wage increase, as well as other conditions such as leave entitlements, penalties, and superannuation.

The central legal issues before the Commission were whether the proposed agreement provided fair and reasonable terms and conditions, and whether it complied with the relevant statutory requirements under the Fair Work Act 2009. This involved assessing whether the agreement provided for the proper remuneration of employees, including any minimum rates of pay, and whether the agreement was procedurally valid.

The Commission found that the proposed agreement was fair and reasonable, and in compliance with statutory requirements. The Commission considered the economic context, the need for employees to maintain a reasonable standard of living, and the employer's capacity to pay. The Commission also found that the agreement was procedurally valid, having been negotiated in good faith and with adequate consultation with the unions. Accordingly, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Catholic Metropolitan Cemeteries Trust Client Services Employees Enterprise Agreement, with effect from the date of the decision. The agreement provides for the terms and conditions of employment for the employees represented by the unions, including minimum rates of pay, leave entitlements, penalties, and superannuation. The approval of the agreement is subject to the usual requirements for registration with the Fair Work Commission.

Catholic Metropolitan Cemeteries Trust T/A Catholic Cemeteries & Crematoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established