DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rookwood General Cemeteries Reserve Land Manager T/A Rookwood General Cemetery
(AG2021/5252)

ROOKWOOD GENERAL CEMETERIES RESERVE LAND MANAGER OUTDOOR OPERATIONAL ENTERPRISE AGREEMENT 2021

Cemetery operations
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 MAY 2021

Application for approval of the Rookwood General Cemeteries Reserve Land Manager Outdoor Operational 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 Outdoor Operational 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 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).

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

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant sought approval for the Rookwood General Cemeteries Reserve Land Manager Outdoor Operational Enterprise Agreement 2021, which sought to regulate the employment terms and conditions of the cemetery workers. The matter was heard in the Fair Work Commission. The central legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including whether it was a "single, clear and portable" agreement and whether it met the "better off overall test" for employees.

The Commission noted that the proposed agreement was clear, concise, and portable, meeting the necessary standards for an enterprise agreement. Furthermore, it was determined that the agreement was procedurally sound, as it had been negotiated in good faith and involved proper consultation with the relevant employee representatives. Regarding the "better off overall test," the Commission concluded that the proposed agreement was in the best interests of the employees, as it provided them with improved wages and conditions compared to the previous agreement. Consequently, the Commission approved the agreement, finding that it met all the legal requirements and was beneficial for the employees.

The Fair Work Commission approved the Rookwood General Cemeteries Reserve Land Manager Outdoor Operational Enterprise Agreement 2021, finding that it met the necessary legal criteria and was in the best interests of the employees. The agreement will now govern the employment terms and conditions of the cemetery workers, providing them with improved wages and working conditions.

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