DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Metropolitan Cemeteries Trust T/A Catholic Cemeteries & Crematoria
(AG2020/4053)

CATHOLIC METROPOLITAN CEMETERIES TRUST CLIENT SERVICES EMPLOYEES ENTERPRISE AGREEMENT

Clerical industry
COMMISSIONER MCKINNON	MELBOURNE, 21 JANUARY 2021

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

[1] Application has been made by the Catholic Metropolitan Cemeteries Trust t/a Catholic Cemeteries & Crematoria for approval of a single enterprise agreement known as the Catholic Metropolitan Cemeteries Trust Client Services Employees Enterprise Agreement (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2021. The nominal expiry date of the Agreement is 20 January 2024.

[4] The Agreement covers the Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Catholic Metropolitan Cemeteries Trust, trading as Catholic Cemeteries & Crematoria, seeking approval of their Client Services Employees Enterprise Agreement. The application was heard in the Fair Work Commission. The dispute centred on the terms and conditions of employment for the client services employees of the Trust, with the Trust seeking to finalise an agreement that would govern their employment relationship.

The legal issues before the court were primarily concerned with whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it provided for a fair and reasonable enterprise bargaining process, and whether it complied with the provisions regarding minimum entitlements and other mandatory standards. The court had to assess whether the agreement was made in good faith and whether it was appropriate to approve the agreement given the context and evidence presented.

In considering the application, the court examined the process by which the agreement was reached, the content of the agreement itself, and the evidence provided by both the Trust and the employees' representatives. The court found that the agreement was the product of a fair and reasonable bargaining process and that it complied with all statutory requirements. The court was satisfied that the agreement provided for appropriate terms and conditions that were fair and reasonable in all circumstances. Consequently, the court approved the Client Services Employees Enterprise Agreement.

The final orders of the court were that the Client Services Employees Enterprise Agreement, as presented by the Catholic Metropolitan Cemeteries Trust, be approved. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the client services employees of the Trust from the date of approval.

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