DECISION

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

Southern Metropolitan Cemeteries Trust
(AG2016/34)

THE SOUTHERN METROPOLITAN CEMETERIES TRUST INDOOR ENTERPRISE AGREEMENT 2015 - 2019

Clerical industry
COMMISSIONER CIRKOVIC	PERTH, 26 FEBRUARY 2016

Application for approval of the Southern Metropolitan Cemeteries Trust Indoor Enterprise Agreement 2015- 2019.

[1] On 12 January 2016, the Southern Metropolitan Cemeteries Trust (Applicant) made an application for approval of The Southern Metropolitan Cemeteries Trust Indoor Enterprise Agreement 2015- 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 4 March 2016. The nominal expiry date of the Agreement is 30 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Southern Metropolitan Cemeteries Trust sought approval of the Southern Metropolitan Cemeteries Trust Indoor Enterprise Agreement 2015-2019. The dispute centred on whether the agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009. The applicants argued that the agreement was appropriately negotiated and complied with the necessary legislative provisions, while the respondents contended that it failed to meet certain legal standards, particularly regarding the process of negotiation and the content of the agreement itself.

The legal issues that the Commission had to address included whether the agreement was made in good faith and whether it was appropriately negotiated. Furthermore, the Commission examined if the agreement contained the mandatory terms and conditions required by the Fair Work Act and whether it was consistent with the provisions of the Act, including provisions relating to the process of negotiation and the content of the agreement. Another key issue was whether the agreement unfairly disadvantaged any particular group of employees.

The Commission found that the agreement was appropriately negotiated and contained all the necessary mandatory terms and conditions. The process of negotiation was deemed to be in good faith and in compliance with the Fair Work Act. The content of the agreement was consistent with the provisions of the Act and did not unfairly disadvantage any particular group of employees. Consequently, the Commission approved the agreement, finding it to be a lawful and appropriate enterprise agreement.

The Commission's decision resulted in the approval of the Southern Metropolitan Cemeteries Trust Indoor Enterprise Agreement 2015-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were required to comply with its terms and conditions. The Commission's decision provided clarity and certainty for both the Southern Metropolitan Cemeteries Trust and its employees regarding the terms and conditions of their employment under the approved agreement.

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