DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Millingtons Cemetery Services Pty Ltd T/A Millingtons Cemeteries
(AG2016/6133)

MILLINGTONS CEMETERIES OUTDOOR STAFF ENTERPRISE AGREEMENT 2016-2019

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2016-2019 (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] The Applicant 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Millingtons Cemetery Services Pty Ltd, trading as Millingtons Cemeteries, applied to the Fair Work Commission for approval of the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2016-2019. The dispute involved the terms and conditions of employment for outdoor staff at Millingtons Cemeteries, including issues related to wages, working hours, and other employment conditions. The matter was heard by the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act and whether it provided for the proper determination of terms and conditions of employment.

The Commission examined the process through which the agreement was formed, including whether the agreement was genuinely negotiated and whether it met the requirements for "coverage" and "no-disadvantage" under the Act. The Commission also considered the fairness of the terms and conditions set out in the agreement, including wage rates, working hours, and other employment-related provisions. The Commission noted that the agreement had been negotiated between the employer and the union representing the employees, and that the union had provided a certificate of genuine agreement. The Commission concluded that the agreement was fairly negotiated and met the coverage and no-disadvantage requirements. It also found that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the work and the circumstances of the employees.

In light of the above, the Fair Work Commission approved the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2016-2019. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and that it met the requirements of the Fair Work Act. The Commission also noted that the agreement was genuinely negotiated and met the coverage and no-disadvantage requirements. The approval of the agreement means that it will now be legally binding on the parties and will govern the employment conditions of the outdoor staff at Millingtons Cemeteries for the period of the agreement.

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