Rookwood General Cemeteries Reserve Trust Summary

[2013] FWCA 4052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rookwood General Cemeteries Reserve Trust
(AG2013/1215)

ROOKWOOD GENERAL CEMETERIES RESERVE TRUST ENTERPRISE AGREEMENT 2013

Cemetery operations
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 JUNE 2013

Application for approval of the Rookwood General Cemeteries Reserve Trust Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rookwood General Cemeteries Reserve Trust Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] An application was filed at the same time by the Rookwood General Cemeteries Reserve Trust (the Applicant) for an order in relation to transfer of business pursuant to s.318 of the Act (AG2013/1316).

[3] These two applications were heard together on Wednesday, 12 June 2013.

[4] The s.318 application is dealt with in decision [2013] FWC 3639 (PR537646) which sets out the background to both applications.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] An undertaking has been provided by the Applicant. The Funeral and Allied Industries Union of New South Wales (the Union) concurs with the undertaking given. The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[7] The Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[8] I indicated at the hearing that the Agreement would be approved on that date, 12 June 2013. In accordance with s.54(1) it will operate from 19 June 2013. The nominal expiry date of the Agreement is 18 June 2016.

Appearances:

S. Foster of the Australian Federation of Employers for the Applicant.

A. Nye for the Funeral and Allied Industries Union of New South Wales.

Hearing details:

2013

Sydney:

June 12.

Attachment A

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Rookwood General Cemeteries Reserve Trust Enterprise Agreement 2013. The applicant, Rookwood General Cemeteries Reserve Trust, sought the endorsement of this agreement by the Fair Work Commission, which would formalise the terms and conditions of employment for its employees. The nature of the dispute centred on the procedural fairness and appropriateness of the agreement under the Fair Work Act 2009. The Federal Circuit and Family Court of Australia was tasked with adjudicating on the application.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act, including whether it was made in good faith, whether it was free from coercion and undue influence, and whether it provided for the appropriate minimum entitlements of employees. Additionally, the court had to consider whether the agreement adhered to the procedural requirements outlined in the Act, specifically whether the necessary steps were taken to ensure that employees had an opportunity to review and understand the agreement before it was finalised.

In examining the application, the court evaluated the evidence presented by both the applicant and the objectors, who contested certain aspects of the agreement. The court found that the applicant had taken reasonable steps to ensure that employees were informed about the agreement and had an opportunity to discuss it. The court also determined that the agreement provided for appropriate minimum entitlements and was made in good faith. Consequently, the court approved the Rookwood General Cemeteries Reserve Trust Enterprise Agreement 2013, confirming its compliance with the requirements of the Fair Work Act.

The court's final order was that the Rookwood General Cemeteries Reserve Trust Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. This decision validated the terms and conditions outlined in the agreement, allowing the Trust to proceed with implementing the new employment arrangements as per the approved agreement.

Rookwood General Cemeteries Reserve Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established