Southern Metropolitan Cemeteries Trust Summary

[2014] FWCA 5097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Metropolitan Cemeteries Trust
(AG2014/1849)

THE SOUTHERN METROPOLITAN CEMETERIES TRUST OUTDOOR ENTERPRISE AGREEMENT 2014

Cemetery operations
COMMISSIONER BISSETT	MELBOURNE, 28 JULY 2014

Application for approval of The Southern Metropolitan Cemeteries Trust Outdoor Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Southern Metropolitan Cemeteries Trust Outdoor Enterprise Agreement 2014 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2014. The nominal expiry date of the Agreement is 1 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Southern Metropolitan Cemeteries Trust applied to the Fair Work Commission for approval of the 2014 Outdoor Enterprise Agreement. The Trust sought to implement changes to the terms and conditions of employment for its employees, who are members of the relevant unions. The unions contested the application, arguing that the proposed changes were not in the best interests of the employees.

The central legal issue was whether the proposed changes to the enterprise agreement were fair and reasonable, and if the process by which the agreement was negotiated was compliant with the relevant provisions of the Fair Work Act 2009. The Commission had to consider the fairness of the agreement's terms, the process of negotiation, and the interests of the employees.

The Commission found that the proposed changes to the enterprise agreement were fair and reasonable, and that the negotiation process was compliant with the Act. The Commission considered that the changes provided for appropriate remuneration and working conditions, and that the process of negotiation was fair and transparent. The Commission also found that the proposed changes were in the best interests of the employees, given the financial constraints faced by the Trust. The Commission approved the application, and the 2014 Outdoor Enterprise Agreement was implemented.

No further orders were made by the Commission.

Southern Metropolitan Cemeteries Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established