Northern Metropolitan Cemeteries Trust

[2014] FWCA 8944

[2014] FWCA 8944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Northern Metropolitan Cemeteries Trust
(AG2014/9862)

SANDGATE CEMETERY TRUST ENTERPRISE AGREEMENT 2012

Cemetery operations
VICE PRESIDENT CATANZARITI	BRISBANE, 12 DECEMBER 2014

Application for termination of the Sandgate Cemetery Trust Enterprise Agreement 2012.

[1] On 12 November 2014, Northern Metropolitan Cemeteries Trust made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Sandgate Cemetery Trust Enterprise Agreement 2012 (the Agreement).

[2] Section 223 of the Act provides as follows:

“When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

[3] I am satisfied, on the basis of the statutory declaration provided by Ms Pauline Tritton, that the provisions of s.223 of the Act have been met.

[4] The application to terminate the Agreement is approved and, in accordance with s.224 of the Act, the termination will come into effect from 12 December 2014.

VICE PRESIDENT

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