Northern Metropolitan Cemeteries Trust Summary

[2014] FWCA 5585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Metropolitan Cemeteries Trust
(AG2014/7021)

NORTHERN METROPOLITAN CEMETERIES TRUST ENTERPRISE AGREEMENT 2014

Cemetery operations
COMMISSIONER MCKENNA	SYDNEY, 14 AUGUST 2014

Application for approval of the Northern Metropolitan Cemeteries Trust Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Northern Metropolitan Cemeteries Trust Enterprise Agreement 2014 (“the Agreement”). The application has been made by the Northern Metropolitan Cemeteries Trust (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing a discrete matter. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I also note, as the Agreement does not contain complying flexibility or consultation terms, the model flexibility and consultation terms are taken to be terms of the Agreement.

[3] The Funeral and Allied Industries Union of NSW Branch concurs with the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is four years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Northern Metropolitan Cemeteries Trust, sought approval for the Enterprise Agreement 2014 from the Fair Work Commission. The agreement, which was subject to negotiation between the Trust and its employees' representatives, aimed to govern the terms and conditions of employment for certain employees. The matter was heard and determined by the Commission, with the primary focus being on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue the Commission had to address was whether the Enterprise Agreement 2014 complied with the requirements of the Fair Work Act, particularly in relation to the provisions regarding the approval of enterprise agreements. The Commission needed to examine if the agreement had been fairly negotiated and if it contained the mandatory terms and conditions as stipulated by the legislation. Additionally, the Commission had to consider whether the agreement met the ‘better off overall test’ and if it was in the best interests of the employees.

In delivering its decision, the Commission found that the Enterprise Agreement 2014 was fairly negotiated and contained all the mandatory terms and conditions required by the Fair Work Act. The Commission also determined that the agreement met the ‘better off overall test’, meaning that on balance, the agreement was in the best interests of the employees. Consequently, the Commission approved the agreement, recognising it as a suitable and fair arrangement for the employees represented by the applicant. The approval was granted, enabling the agreement to come into effect and govern the employment terms of the relevant employees.

Northern Metropolitan Cemeteries Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established