| [2025] FWCA 3362 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Metropolitan Memorial Parks Land Manager
(AG2025/3357)
METROPOLITAN MEMORIAL PARKS OPERATIONS ENTERPRISE AGREEMENT 2025
| Cemetery operations | |
| COMMISSIONER SLOAN | SYDNEY, 7 OCTOBER 2025 |
Application for approval of the Metropolitan Memorial Parks Operations Enterprise Agreement 2025
Metropolitan Memorial Parks Land Manager has applied for approval of a single enterprise agreement known as the Metropolitan Memorial Parks Operations Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The Australian Workers’ Union (“AWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the AWU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 14 October 2025. The nominal expiry date of the Agreement is 1 July 2028.
COMMISSIONER
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- AGLC
- Metropolitan Memorial Parks Land Manager [2025] FWCA 3362
- Case
- [2025] FWCA 3362
- Decision Date
CaseChat Overview and Summary
The legal issues central to the decision involved the scrutiny of the agreement's provisions, including wages, working conditions, leave entitlements, and other employment-related terms. The Commission needed to determine if the agreement met the criteria for approval under the Fair Work Act 2009, particularly whether it provided for the fair and efficient resolution of workplace disputes and the protection of employees' rights and interests.
The Fair Work Commission, in its reasoning, examined the detailed provisions of the agreement and the submissions from both parties. The Commission found that the agreement was comprehensive and balanced, addressing the needs of both employees and the employer. It concluded that the agreement met the necessary standards for approval, as it provided for fair and reasonable terms and conditions of employment, and included mechanisms for dispute resolution that were consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the Metropolitan Memorial Parks Operations Enterprise Agreement 2025.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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