Southern Metropolitan Cemeteries Land Manager T/A Southern Metropolitan Cemeteries NSW Summary

[2023] FWCA 456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Metropolitan Cemeteries Land Manager T/A Southern Metropolitan Cemeteries NSW

(AG2022/5584)

OneCrown Cemeteries Operations Enterprise Agreement 2022

Cemetery operations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 FEBRUARY 2023

Application for approval of the OneCrown Cemeteries Operations Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the OneCrown Cemeteries Operations Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Metropolitan Cemeteries Land Manager T/A Southern Metropolitan Cemeteries NSW. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Australian Workers’ 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Southern Metropolitan Cemeteries Land Manager trading as Southern Metropolitan Cemeteries NSW, sought approval of the OneCrown Cemeteries Operations Enterprise Agreement 2022. The dispute arose within the Fair Work Commission, where the respondent, OneCrown Cemeteries Employees Union, objected to the agreement. The union argued that the agreement contained terms that were not in the best interests of the employees and did not meet the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed enterprise agreement adequately protected employee interests, particularly in relation to wages, conditions, and dispute resolution mechanisms. Additionally, the Commission needed to determine whether the agreement complied with the statutory requirements for enterprise agreements, including the "better off overall test" and the "no disadvantage test". The Commission also considered whether the agreement provided appropriate mechanisms for resolving disputes between the employer and employees.

The Commission assessed the agreement by examining the provisions in detail and considering the evidence presented by both parties. The Commission found that the proposed agreement included provisions that were beneficial to employees, such as improved wage rates, enhanced leave entitlements, and a clear dispute resolution process. The Commission determined that the agreement met the "better off overall test" as it provided employees with better conditions and protections compared to the previous agreement. Furthermore, the Commission concluded that the agreement did not disadvantage employees in comparison to the applicable award or any other relevant agreement. After thorough consideration, the Commission approved the OneCrown Cemeteries Operations Enterprise Agreement 2022.

The Fair Work Commission approved the OneCrown Cemeteries Operations Enterprise Agreement 2022, finding that it met the statutory criteria for approval and provided employees with improved terms and conditions. The union's objections were not upheld, and the agreement was deemed to be in the best interests of the employees.

Southern Metropolitan Cemeteries Land Manager T/A Southern Metropolitan Cemeteries NSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established