DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Greater Metropolitan Cemeteries Trust
(AG2017/5123)

THE GREATER METROPOLITAN CEMETERIES TRUST ENTERPRISE AGREEMENT 2017

Cemetery operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 29 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as The Greater Metropolitan Cemeteries Trust 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 The Greater Metropolitan Cemeteries Trust. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 January 2018 and, in accordance with s.54, will operate from 5 February 2018. The nominal expiry date of the Agreement is 7 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Greater Metropolitan Cemeteries Trust, comprising the employer, sought approval of the Enterprise Agreement 2017 from the Fair Work Commission. The nature of the dispute was to ensure that the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Court was required to consider the provisions of the agreement and assess whether they complied with the requirements for approval under the legislation.

The primary legal issues the Court needed to decide were whether the agreement provided for the proper and efficient operation of the cemetery business and whether it was in the best interests of the employees. Additionally, the Court had to determine whether the agreement met the requirements for approval as stipulated in the Fair Work Act 2009, including ensuring the agreement did not unfairly discriminate against employees or their unions.

In examining the agreement, the Court considered the evidence presented by both parties and assessed the provisions against the legislative criteria. The Court found that the agreement provided for the efficient operation of the cemetery business and was in the best interests of the employees. The Court also determined that the agreement met all the requirements for approval under the Fair Work Act 2009, including the absence of unfair discrimination against employees or their unions. Consequently, the Court approved the Enterprise Agreement 2017.

The Court's decision was grounded in the evidence and the statutory requirements, ensuring that the agreement was fair and met the necessary criteria for approval. The final orders of the Court were to approve the Greater Metropolitan Cemeteries Trust Enterprise Agreement 2017.

The Greater 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