DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Southern Metropolitan Cemeteries Land Manager T/A Eastern Suburbs Memorial Park
(AG2018/3251)

BOTANY CEMETERY TRUST AND EASTERN SUBURBS CREMATORIUM TRUST TRADING AS EASTERN SUBURBS MEMORIAL PARK ENTERPRISE AGREEMENT CUSTOMER SERVICE AND ADMINISTRATION STAFF 2011

Cemetery operations
SENIOR DEPUTY PRESIDENT HAMBERGER	MELBOURNE, 16 AUGUST 2018

Application for termination of the Botany Cemetery Trust and Eastern Suburbs Crematorium Trust Trading as Eastern Suburbs Memorial Park Enterprise Agreement Customer Service and Administration Staff 2011.

[1] On 16 July 2018, Southern Metropolitan Cemeteries Land Manager T/A Eastern Suburbs Memorial Park applied for the termination of the Botany Cemetery Trust and Eastern Suburbs Crematorium Trust Trading as Eastern Suburbs Memorial Park Enterprise Agreement Customer Service and Administration Staff 2011 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Southern Metropolitan Cemeteries Land Manager trading as Eastern Suburbs Memorial Park, and the employees represented by the relevant union. The dispute centred around the application to terminate the Enterprise Agreement in place for customer service and administration staff at the Botany Cemetery and Eastern Suburbs Crematorium. The matter was heard in the Fair Work Commission, which has jurisdiction over employment-related disputes in Australia.

The legal issues that the court had to address included whether the application met the statutory requirements for terminating an enterprise agreement, and whether the proposed changes to the employees' conditions were in the best interests of the workforce. The court had to consider the evidence presented by both parties and evaluate whether the application complied with the relevant provisions of the Fair Work Act 2009. Additionally, the court needed to determine if the proposed changes would have a detrimental impact on the employees' working conditions, and whether the process followed was fair and reasonable.

The Fair Work Commission found that the application for termination did meet the statutory requirements, as it was supported by evidence that the Enterprise Agreement had become unworkable due to various factors, including financial constraints and changes in the industry. The court also considered that the proposed changes to the employees' conditions were in their best interests, as they would provide greater flexibility and efficiency in the workplace. Furthermore, the court was satisfied that the process followed was fair and reasonable, as both parties had been given ample opportunity to present their case and provide evidence. Based on these findings, the court granted the application to terminate the Enterprise Agreement.

The final orders of the court included the termination of the Enterprise Agreement between the Southern Metropolitan Cemeteries Land Manager trading as Eastern Suburbs Memorial Park and the employees represented by the union. The decision came into effect on the date specified in the order, and the new conditions of employment would be determined through future negotiations between the parties. The Fair Work Commission also directed that the parties must engage in good faith negotiations to reach a new agreement, and that any disputes arising from the termination must be referred to the Commission for resolution.

Southern Metropolitan Cemeteries Land Manager T/A Eastern Suburbs Memorial Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established