The Greater Metropolitan Cemeteries Trust Summary

[2022] FWCA 700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Greater Metropolitan Cemeteries Trust

(AG2022/186)

The Greater Metropolitan Cemeteries TrustEnterprise Agreement 2021

Cemetery operations
COMMISSIONER YILMAZ	MELBOURNE, 25 FEBRUARY 2022

Application for approval of The Greater Metropolitan Cemeteries Trust Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as The Greater Metropolitan Cemeteries Trust Enterprise Agreement 2021 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 4 March 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Greater Metropolitan Cemeteries Trust applied for approval of the 2021 Enterprise Agreement. The application arose from negotiations between the Trust and the Australian Council of Trade Unions, who represented the employees of the Trust. The dispute centred on the terms and conditions of employment for workers within the Trust.

The Commission was required to consider whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained all the mandatory terms prescribed by the Act, whether it was made in good faith and whether it was otherwise compliant with the legislative framework. The Commission also needed to determine if the agreement provided for a fair and efficient workplace and if it appropriately balanced the interests of the employees and the Trust.

After thorough consideration, the Commission found that the agreement was compliant with all statutory requirements and met the criteria for approval. The Commission noted that the agreement provided for a fair and efficient workplace, and appropriately balanced the interests of both parties. The Commission was satisfied that the agreement contained all mandatory terms and was made in good faith. Consequently, the Commission approved the Greater Metropolitan Cemeteries Trust Enterprise Agreement 2021.

The Commission's decision to approve the agreement was made on the basis that it provided for a fair and efficient workplace, and appropriately balanced the interests of both parties. The Commission found that the agreement contained all mandatory terms and was made in good faith, and therefore met all statutory requirements for approval. The Commission's approval of the agreement ensures that the employees of the Greater Metropolitan Cemeteries Trust are covered by a legally binding agreement that provides for their terms and conditions of employment.

The Greater 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