DECISION

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

Geelong Cemeteries Trust
(AG2014/11078)

GEELONG CEMETERIES TRUST OUTDOOR STAFF ENTERPRISE AGREEMENT 2014—2017

Cemetery operations
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 JANUARY 2015

Application for approval of the Geelong Cemeteries Trust Outdoor Staff Enterprise Agreement 2014—2017.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Cemeteries Trust Outdoor Staff Enterprise Agreement 2014—2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Geelong Cemeteries Trust. The Agreement is a single-enterprise agreement.

[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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Geelong Cemeteries Trust brought an application before the Fair Work Commission for approval of the Geelong Cemeteries Trust Outdoor Staff Enterprise Agreement 2014-2017. The Trust sought the Commission's approval of the agreement under section 234 of the Fair Work Act 2009, as it was unable to reach an agreement with the union representing the employees. The legal issues before the Commission were whether the agreement met the requirements of section 234 of the Act and whether it was in the best interests of the employees.

The Commission found that the agreement met the procedural requirements of section 234 of the Act, as the Trust had followed the necessary procedures in seeking approval of the agreement. The Commission also found that the agreement contained all the necessary terms and conditions of employment, including minimum rates of pay, hours of work, and leave entitlements. Furthermore, the Commission found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both the Trust and the employees.

The Geelong Cemeteries Trust Outdoor Staff Enterprise Agreement 2014-2017 was approved by the Fair Work Commission. The agreement provides for minimum rates of pay, hours of work, and leave entitlements for outdoor staff employed by the Trust. The agreement also includes provisions for dispute resolution and other employment-related matters. The approval of the agreement ensures that outdoor staff employed by the Trust have fair and reasonable terms and conditions of employment.

Geelong Cemeteries Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established