DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Metropolitan Cemeteries Trust
(AG2016/1061)

SOUTHERN METROPOLITAN CEMETERIES TRUST (GROUNDS AND GARDENING STAFF) ENTERPRISE AGREEMENT 2016

Cemetery operations
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2016

Application for approval of the Southern Metropolitan Cemeteries Trust (Grounds and Gardening Staff) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Southern Metropolitan Cemeteries Trust (Grounds and Gardening Staff) 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 Southern Metropolitan Cemeteries Trust. The Agreement is a single enterprise agreement.

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

[3] The Funeral and Allied Industries Union of New South Wales Branch, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2016. The nominal expiry date of the Agreement is 9 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Southern Metropolitan Cemeteries Trust brought an application for approval of its 2016 Enterprise Agreement with the Grounds and Gardening Staff. The application was heard in the Fair Work Commission, where the matter was referred by the parties. The primary concern was whether the proposed agreement met the statutory requirements for approval, including the provision of appropriate processes for the resolution of disputes.

The legal issues centred around whether the agreement contained mandatory provisions as required by the Fair Work Act 2009 and whether it provided for an adequate process for the resolution of disputes. The applicant argued that the agreement fulfilled all necessary criteria, while the respondent contended that certain provisions did not comply with the statutory requirements. The Court needed to consider whether the dispute resolution processes outlined in the agreement were sufficient and whether the mandatory terms were appropriately included.

In its decision, the Fair Work Commission found that the agreement did meet the statutory requirements. The Court was satisfied that the processes for dispute resolution were adequate, and the mandatory provisions were included as required by law. The Commission approved the agreement, emphasising the importance of ensuring fair and effective processes for the resolution of any disputes that may arise under the agreement.

The Court ordered that the Southern Metropolitan Cemeteries Trust (Grounds and Gardening Staff) Enterprise Agreement 2016 be approved. The agreement was to be registered and would come into effect from the date of the Commission's decision, ensuring that the terms and conditions of employment for the grounds and gardening staff were legally binding and enforceable.

Southern Metropolitan Cemeteries Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established