Geelong Cemeteries Trust

[2022] FWCA 747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geelong Cemeteries Trust

(AG2022/352)

Geelong Cemeteries Trust Indoor Staff Enterprise Agreement– 2021-2025.

Cemetery operations
COMMISSIONER WILSON	MELBOURNE, 2 MARCH 2022

Application for approval of the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement–2021-2025

An application has been made for approval of an enterprise agreement known as the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement–2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geelong Cemeteries Trust. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Geelong Cemeteries Trust applied to the Fair Work Commission (FWC) for approval of the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2021–2025. The FWC was required to determine if the proposed agreement met the requirements of the Fair Work Act 2009 (FW Act). Specifically, the FWC had to consider whether the agreement complied with the good faith bargaining requirements, the procedural fairness requirements, and whether it contained the minimum terms and conditions prescribed by the Act. The FWC also needed to assess whether the agreement was in the best interests of the employees and the employer.

The FWC concluded that the Geelong Cemeteries Trust had engaged in good faith bargaining, had followed the necessary procedures, and that the agreement contained all the required minimum terms and conditions. The FWC found that the agreement was fair and reasonable, and that it was in the best interests of both the employees and the employer. The FWC approved the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2021–2025. As a result of this decision, the Geelong Cemeteries Trust could implement the approved agreement, and it would be binding on all employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established