Millingtons Cemetery Services Pty Ltd T/A Millingtons Cemeteries Summary

[2023] FWCA 225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Millingtons Cemetery Services Pty Ltd T/A Millingtons Cemeteries

(AG2022/5604)

MILLINGTONS CEMETERIES OUTDOOR STAFF ENTERPRISE AGREEMENT 2022-2025

Cemetery operations
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 23 JANUARY 2023

Application for approval of the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2022-2025

Millingtons Cemetery Services Pty Ltd has applied for approval of an enterprise agreement known as the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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 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.

I observe that clause 10.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Fair Work Commission was asked to consider the approval of the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2022-2025. The applicant, Millingtons Cemetery Services Pty Ltd, trading as Millingtons Cemeteries, sought to have the agreement approved. The dispute arose from the negotiation and terms of the agreement between the applicant and its employees, who were represented by the Transport and Distribution Workers Union of Australia.

The central legal issues the Commission needed to address were whether the agreement met the requirements of the Fair Work Act 2009, including whether it was in the best interests of the employees, complied with the relevant provisions of the Act, and was free from any procedural flaws. The Commission also needed to determine whether the agreement provided fair and reasonable terms for the employees, including consideration of the principles of good faith bargaining and procedural fairness.

The Commission found that the agreement was in the best interests of the employees, met the legal requirements of the Fair Work Act, and was free from procedural flaws. The Commission acknowledged the efforts made by both parties in reaching the agreement and considered the terms to be fair and reasonable. The Commission noted the importance of the agreement in providing stability and predictability for both the employees and the employer. The Commission approved the Millingtons Cemeteries Outdoor Staff Enterprise Agreement 2022-2025, which will now be in effect for the next three years.

Millingtons Cemetery Services Pty Ltd T/A Millingtons Cemeteries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established