The Greater Metropolitan Cemeteries Trust

[2013] FWCA 5521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Greater Metropolitan Cemeteries Trust
(AG2013/7568)

THE GREATER METROPOLITAN CEMETERIES TRUST COLLECTIVE AGREEMENT 2012

Cemetery operations
COMMISSIONER WILSON	MELBOURNE, 9 AUGUST 2013

Application for approval of The Greater Metropolitan Cemeteries Trust Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the The Greater Metropolitan Cemeteries Trust Collective Agreement 2012 (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 the 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Greater Metropolitan Cemeteries Trust was the subject of an application for approval of a collective agreement made by the Fair Work Commission. The Trust and the Australian Council of Trade Unions sought the Commission's approval of a collective agreement that had been made between the parties. The dispute centred around the terms and conditions of employment for certain employees of the Trust.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the criteria for "registration" under the Act, which required the agreement to be in writing, to be made by an authorised bargaining representative, and to be fair and reasonable. The Trust argued that the agreement was not fair and reasonable, while the Union argued that it was.

In its decision, the Commission found that the collective agreement did not meet the criteria for registration. The Commission noted that the agreement contained terms that were not consistent with the Fair Work Act, and which did not provide for adequate consultation and negotiation between the parties. The Commission also found that the agreement did not adequately address the interests of the employees, and that it contained provisions that were unfair and unreasonable. The Commission therefore refused to approve the agreement.

The Commission's decision was final and binding on the parties, and could not be appealed. The Trust and the Union were required to negotiate a new agreement that complied with the requirements of the Fair Work Act, and which adequately addressed the interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established