DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Greater Metropolitan Cemeteries Trust
(AG2016/2854)

THE GREATER METROPOLITAN CEMETERIES TRUST ENTERPRISE AGREEMENT 2016

Cemetery operations
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of The Greater Metropolitan Cemeteries Trust Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Greater Metropolitan Cemeteries Trust Enterprise Agreement 2016 (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] 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 and Australian Municipal, Administrative, Clerical and Services 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 these organisations.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Greater Metropolitan Cemeteries Trust applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The dispute involved the terms and conditions of employment for the Trust's staff, as outlined in the proposed agreement. The application was heard by the Fair Work Commission, which is responsible for regulating and approving enterprise agreements in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, including pay and conditions, dispute resolution, and other employment-related matters. The Commission also considered if the agreement had been fairly and genuinely negotiated and if it complied with any relevant awards or instruments that applied to the employees.

In its decision, the Fair Work Commission found that the proposed enterprise agreement did indeed meet the requirements of the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and that it had been fairly and genuinely negotiated. The Commission further found that the agreement complied with any relevant awards or instruments that applied to the employees. Therefore, the Commission approved the proposed enterprise agreement, and it became legally binding on the parties.

The Fair Work Commission's approval of the Greater Metropolitan Cemeteries Trust Enterprise Agreement 2016 means that the terms and conditions of employment for the Trust's employees are now governed by the provisions of the agreement. The approved agreement will provide certainty and stability in the workplace and will ensure that the employees' rights and obligations are clearly defined. The Trust and its employees can now focus on delivering services to the community, knowing that they are operating under a legally approved enterprise agreement.

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