DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rookwood General Cemeteries Reserve Trust t/a Rookwood General Cemetery
(AG2016/1249)

ROOKWOOD GENERAL CEMETERIES RESERVE TRUST ENTERPRISE AGREEMENT 2016

Cemetery operations
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2016

Application for approval of the Rookwood General Cemeteries Reserve Trust Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rookwood General Cemeteries Reserve Trust Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rookwood General Cemeteries Reserve Trust t/a Rookwood General Cemetery. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Funeral and Allied Industries 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2016. The nominal expiry date of the Agreement is 3 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Rookwood General Cemeteries Reserve Trust, trading as Rookwood General Cemetery, applied for the approval of the Rookwood General Cemeteries Reserve Trust Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The trust sought to have the agreement approved under section 232 of the Fair Work Act 2009. The agreement was to apply to the employees of the trust who were members of the Australian Licensed Aircraft Technicians' Association.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the employees' wages and conditions of employment in a fair and reasonable manner. The Commission also had to consider if the agreement was in the best interests of the employees and the trust.

The Commission found that the proposed agreement met the necessary criteria. It provided for fair and reasonable wages and conditions, taking into account the specific circumstances of the employees and the trust. The agreement also included appropriate mechanisms for dispute resolution and the protection of employee rights. The Commission concluded that the agreement was in the best interests of both the employees and the trust, and approved it under section 232 of the Fair Work Act.

The Commission's decision was that the Rookwood General Cemeteries Reserve Trust Enterprise Agreement 2016 be approved. This decision was made in the interest of ensuring fair and reasonable terms and conditions of employment for the employees of the trust, while also supporting the operational needs of the trust.

Rookwood General Cemeteries Reserve Trust 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