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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Northern Metropolitan Cemeteries Trust sought to terminate the Sandgate Cemetery Trust Enterprise Agreement 2012, a collective agreement between the Trust and its employees represented by the Queensland Public Sector Union. The Trust argued that the agreement was no longer appropriate due to changes in circumstances, including financial pressures and operational challenges. The dispute was heard by the Fair Work Commission, an Australian independent statutory body with jurisdiction to resolve workplace disputes.

The central issue before the Commission was whether the Trust had established the necessary grounds for terminating the enterprise agreement. This required determining if there had been a significant change in circumstances since the agreement was made, which justified terminating the agreement under section 242 of the Fair Work Act 2009. The Trust had to demonstrate that the changes were unforeseen, substantial, and beyond their control.

The Commission found that the Trust had not sufficiently demonstrated the existence of a significant change in circumstances that warranted the termination of the enterprise agreement. The evidence provided did not convincingly show that the changes were unforeseen or beyond the Trust’s control. Furthermore, the Trust failed to adequately consider alternative options that could address the alleged issues without resorting to termination. As a result, the Commission dismissed the application for termination.

In light of the decision, the Commission did not grant the Trust's application to terminate the enterprise agreement. The agreement remained in force, and the parties were directed to continue their efforts to resolve any outstanding issues through the existing mechanisms provided for in the agreement.

Northern Metropolitan Cemeteries Trust

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established