DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Metropolitan Cemeteries Trust
(AG2014/8319)

SOUTHERN METROPOLITAN CEMETERIES TRUST ESMP ENTERPRISE AGREEMENT 2014

Cemetery operations
COMMISSIONER MCKENNA	SYDNEY, 15 DECEMBER 2014

Application for approval of the Southern Metropolitan Cemeteries Trust ESMP Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Southern Metropolitan Cemeteries Trust ESMP Enterprise Agreement 2014 (“the Agreement”). The application has been made by Southern Metropolitan Cemeteries Trust (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Funeral and Allied Industries Union NSW Branch concurs with the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date is 22 December 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Southern Metropolitan Cemeteries Trust brought an application for the approval of the Southern Metropolitan Cemeteries Trust ESMP Enterprise Agreement 2014. The Trust sought approval for the agreement as a modern award following the process outlined in section 232 of the Fair Work Act 2009. The dispute involved the Trust's employees, represented by the Australian Services Union, which opposed the approval of the agreement. The key issues for the Commission to determine were whether the agreement met the statutory requirements for approval, including whether it provided for a fair and efficient workplace, and whether it was consistent with the principles of the National Employment Standards.

The Commission examined the provisions of the agreement, including those related to pay rates, classification, and working conditions. It considered the evidence provided by both parties and the public interest implications of the agreement. The Commission also assessed whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring workplace health and safety. Ultimately, the Commission found that the agreement met the statutory requirements for approval, as it provided for fair and efficient workplace arrangements, and was consistent with the principles of the National Employment Standards. The Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing.

In summary, the Fair Work Commission approved the Southern Metropolitan Cemeteries Trust ESMP Enterprise Agreement 2014, subject to certain modifications. The Commission found that the agreement met the statutory requirements for approval, as it provided for fair and efficient workplace arrangements, and was consistent with the principles of the National Employment Standards. The decision provides guidance to employers and employees on the process for approving enterprise agreements and the factors that the Commission will consider in determining whether an agreement is appropriate for approval.

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