DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Southern Metropolitan Cemeteries Trust T/A Southern Metropolitan Cemeteries Trust
(AG2021/8051)

Cemetery operations
COMMISSIONER WILSON	MELBOURNE, 5 NOVEMBER 2021

Application for approval of The Southern Metropolitan Cemeteries Trust Outdoor Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Southern Metropolitan Cemeteries Trust Outdoor 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 Southern Metropolitan Cemeteries Trust T/A Southern 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 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 12 November 2021. The nominal expiry date of the Agreement is 11 June 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Southern Metropolitan Cemeteries Trust T/A Southern Metropolitan Cemeteries Trust applied to the Fair Work Commission for approval of their 2021 Outdoor Enterprise Agreement. The application was made under the Fair Work Act 2009. The dispute was between the Trust, represented by the employer's agent, and the union, represented by a union official. The legal issues before the Commission were whether the agreement complied with the relevant statutory provisions and whether it met the "better off overall test" under the Fair Work Act.

The Commission examined the agreement to ensure it covered all necessary terms and conditions, was clear and concise, and provided for minimum entitlements. The Commission considered the application of the "better off overall test" which requires that employees be no worse off financially and have at least some additional benefits. The agreement was reviewed against the statutory minimum standards and the terms and conditions of the previous agreement. The Commission also assessed the views of the employees and the union on the agreement. After careful consideration of the evidence and submissions, the Commission was satisfied that the agreement met the statutory requirements and passed the "better off overall test."

The Fair Work Commission approved the 2021 Outdoor Enterprise Agreement between The Southern Metropolitan Cemeteries Trust and the union. The Commission found that the agreement provided for minimum entitlements and additional benefits to employees and was in compliance with the Fair Work Act. The Commission considered the agreement to be fair and reasonable, and it was approved for a period of four years. This decision ensures that the employees of the Trust have a fair and modern enterprise agreement that provides for their needs and protects their rights.

The Southern Metropolitan Cemeteries Trust T/A Southern 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