DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DACAVA Pty Ltd T/A CLPJ Business Consultancy
(AG2017/5146)

GEELONG CEMETERIES TRUST INDOOR STAFF ENTERPRISE AGREEMENT 2017 - 2021

Clerical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 APRIL 2018

Application for approval of the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DACAVA Pty Ltd T/A CLPJ Business Consultancy. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 9 April 2018 and, in accordance with s.54, will operate from 16 April 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of DACAVA Pty Ltd T/A CLPJ Business Consultancy, the Central Australian Aboriginal Corporation (DACA) sought approval of the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2017 - 2021. The agreement was a proposed employment contract between DACA and the Geelong Cemeteries Trust. The application for approval was brought before the Fair Work Commission (FWC) as DACA was unable to reach an agreement with the Geelong Cemeteries Trust.

The primary legal issue that the FWC was required to decide was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 (Cth) and the Fair Work (Registered Organisations) Act 2009 (Cth). Specifically, the FWC needed to determine if the agreement was a "better off overall test" (BOOT) agreement and if it complied with the procedural requirements set out in the Fair Work Act. Additionally, the FWC was required to consider if the agreement was fair and reasonable and if it was in the best interests of the employees.

The FWC found that the proposed enterprise agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act. The FWC determined that the agreement was a BOOT agreement as it provided employees with a better overall package of pay and conditions than they would have received under the previous agreement. The FWC also found that the agreement complied with the procedural requirements set out in the Fair Work Act and that it was fair and reasonable. The FWC concluded that the agreement was in the best interests of the employees as it provided them with improved pay and conditions.

The FWC approved the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2017 - 2021, and the agreement will now come into effect. The FWC's decision provides clarity on the requirements for approving enterprise agreements and reinforces the importance of considering the best interests of employees when approving such agreements.

DACAVA Pty Ltd T/A CLPJ Business Consultancy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established