DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Metropolitan Cemeteries Trust (SMCT)
(AG2017/3856)

THE SOUTHERN METROPOLITAN CEMETERIES TRUST OUTDOOR ENTERPRISE AGREEMENT 2017

Cemetery operations
COMMISSIONER WILSON	MELBOURNE, 18 OCTOBER 2017

Application for approval of The Southern Metropolitan Cemeteries Trust Outdoor Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Southern Metropolitan Cemeteries Trust Outdoor Enterprise Agreement 2017 (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 (SMCT). 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 25 October 2017. The nominal expiry date of the Agreement is 1 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Southern Metropolitan Cemeteries Trust (SMCT) filed an application before the Fair Work Commission, seeking approval for the Outdoor Enterprise Agreement 2017. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and Fair Work Regulations 2009, particularly concerning the agreement's compliance with the "better off overall test" and its fairness in terms of the employees' conditions.

The legal issues before the court were whether the agreement provided for a fair and reasonable basis for determining the terms and conditions of employment, and whether the agreement met the requirements of the "better off overall test." The court was required to determine if the agreement provided for a fair and reasonable basis for determining the terms and conditions of employment, and whether the agreement met the requirements of the "better off overall test."

The Fair Work Commission found that the agreement provided for a fair and reasonable basis for determining the terms and conditions of employment and met the requirements of the "better off overall test." The court noted that the agreement provided for a 16.25% increase in wages and allowances over four years, which was considered to be a reasonable outcome for the employees. The court also found that the agreement provided for a number of other benefits, such as improved leave entitlements and the establishment of a dispute resolution process, which further supported the conclusion that the agreement was fair and reasonable. The court approved the agreement, stating that it met the requirements of the Fair Work Act 2009 and Fair Work Regulations 2009.

The Fair Work Commission approved the Outdoor Enterprise Agreement 2017, finding that it met the requirements of the Fair Work Act 2009 and Fair Work Regulations 2009. The agreement was approved as it provided for a fair and reasonable basis for determining the terms and conditions of employment and met the requirements of the "better off overall test." The agreement provided for a 16.25% increase in wages and allowances over four years, improved leave entitlements, and the establishment of a dispute resolution process.

Southern Metropolitan Cemeteries Trust (SMCT)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established