DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Millingtons Cemetery Services Pty Ltd T/A Millingtons Cemeteries
(AG2019/2434)

MILLINGTONS CEMETERIES OUTDOOR STAFF ENTERPRISE AGREEMENT 2019 - 2022

Cemetery operations
COMMISSIONER CIRKOVIC	MELBOURNE, 30 JULY 2019

Application for approval of the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Millingtons Cemetery Services Pty Ltd T/A Millingtons Cemeteries. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 July 2019 and, in accordance with s.54, will operate from 6 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

Millingtons Cemetery Services Pty Ltd, trading as Millingtons Cemeteries, applied for approval of the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2019-2022, which had been negotiated with a trade union. The application was heard in the Fair Work Commission. The agreement related to employees who were classified as outdoor staff, performing roles such as maintenance, horticulture, and cemetery operations. The legal issues before the Commission were whether the agreement met the formal requirements for approval and whether it complied with the Fair Work Act 2009 provisions, particularly in terms of pay rates, conditions, and procedural fairness.

The Fair Work Commission examined the agreement to ensure it complied with the formal requirements, including proper notification and bargaining processes. The Commission also considered if the agreement met the 'better off overall test', ensuring that the employees were not worse off financially and had improved conditions. Furthermore, the Commission evaluated whether the agreement adhered to procedural fairness, providing all parties a fair opportunity to bargain and negotiate. After reviewing the evidence and submissions, the Commission concluded that the agreement met all formal and substantive requirements.

Upon determining the agreement satisfied the necessary criteria, the Fair Work Commission approved the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2019-2022. This decision allowed the agreement to come into effect, providing the agreed terms and conditions for the outdoor staff within Millingtons Cemeteries for the specified period. The Commission's approval signified that the agreement was fair and reasonable, offering the employees improved working conditions and remuneration while remaining compliant with the Fair Work Act 2009.

Millingtons Cemetery Services Pty Ltd T/A Millingtons Cemeteries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established