DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rookwood General Cemeteries Reserve Land Manager T/A Rookwood General Cemetery
(AG2021/5274)

ROOKWOOD GENERAL CEMETERIES RESERVE LAND MANAGER ADMINISTRATIVE ENTERPRISE AGREEMENT 2021

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 JUNE 2021

Application for approval of the Rookwood General Cemeteries Reserve Land Manager Administrative Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Rookwood General Cemeteries Reserve Land Manager Administrative Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Rookwood General Cemeteries Reserve Land Manager T/A Rookwood General Cemetery (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks – Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

The Australian Workers’ Union (AWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the Rookwood General Cemeteries Reserve Land Manager Administrative Enterprise Agreement 2021. The applicant, the Rookwood General Cemeteries Reserve Land Manager, sought the approval of this agreement which was intended to regulate the employment conditions of certain administrative staff. The nature of the dispute involved the procedural and substantive fairness of the agreement, including its compliance with relevant industrial laws and standards.

The legal issues the court had to decide included whether the agreement met the procedural requirements for approval, such as proper consultation and negotiation processes. Additionally, the court needed to assess whether the agreement complied with the Fair Work Act 2009 and other relevant legislation. The court also considered whether the terms and conditions of the agreement were fair and reasonable for the employees involved, ensuring that they met or exceeded the minimum standards set by the relevant industrial instruments.

The Fair Work Commission, after thorough examination, determined that the procedural requirements for approval had been appropriately met, as the negotiation process was fair and in line with the legislative framework. The court found that the agreement was substantively fair, offering terms and conditions that met or exceeded the minimum standards. Therefore, the application was approved, recognising the agreement as a valid and legally enforceable enterprise agreement.

The final orders of the court included the approval of the Rookwood General Cemeteries Reserve Land Manager Administrative Enterprise Agreement 2021, effective from the date of the decision. The agreement was deemed to be in force and applicable to the employees covered by its terms, ensuring that it governed their employment conditions going forward.

Rookwood General Cemeteries Reserve Land Manager T/A Rookwood General Cemetery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established