DECISION

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

CLPJ Holdings Pty Ltd T/A CLPJ Business Consultancy
(AG2015/814)

GEELONG CEMETERIES TRUST INDOOR STAFF ENTERPRISE AGREEMENT 2014-2017

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 16 APRIL 2015

Application for approval of the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CLPJ Holdings Pty Ltd trading as CLPJ Business Consultancy. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 23 April 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2014-2017 was brought before the Fair Work Commission by the Geelong Cemeteries Trust. The Trust sought approval for the terms and conditions outlined in the agreement, which governs the employment of indoor staff. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing the agreement against the better-off-overall test, ensuring that the employees would be no worse off financially and would have at least the same conditions as previously applied, and that the agreement complied with the relevant provisions of the Act.

The primary legal issue before the Commission was whether the proposed agreement provided for the employees to be better off overall, taking into account the financial and non-financial benefits. Additionally, the Commission had to examine whether the agreement complied with the requirements of the Fair Work Act, including whether it met the procedural requirements for the negotiation and making of the agreement. The Commission also had to consider the fairness and reasonableness of the terms and conditions proposed in the agreement, ensuring that they were not contrary to public policy.

The Fair Work Commission found that the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2014-2017 met the better-off-overall test and was in compliance with the requirements of the Fair Work Act. The Commission considered the evidence presented by the Trust and the union, and concluded that the proposed agreement provided for employees to be no worse off financially and to have improved conditions in some areas. The Commission also found that the agreement was procedurally sound and did not contravene any public policy considerations. The Commission approved the agreement, recognising its benefits for the employees and the Geelong Cemeteries Trust.

The Fair Work Commission approved the Geelong Cemeteries Trust Indoor Staff Enterprise Agreement 2014-2017, determining that it met the requirements of the Fair Work Act and provided for employees to be better off overall. The Commission's decision acknowledged the improved terms and conditions for the indoor staff, as well as the compliance with the Act's provisions. The approval of the agreement ensures that the Geelong Cemeteries Trust and its indoor staff will be governed by the agreed terms and conditions for the specified period.

GEELONG CEMETERIES TRUST INDOOR STAFF ENTERPRISE AGREEMENT 2014-2017

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established