DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amalgamated Casket Company Pty Ltd
(AG2020/632)

AMALGAMATED CASKET COMPANY PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 30 MARCH 2020

Application for approval of the Amalgamated Casket Company Pty Ltd Enterprise Agreement 2019.

[1] Application has been made by Amalgamated Casket Company Pty Ltd for approval of a single enterprise agreement known as the Amalgamated Casket Company Pty Ltd Enterprise Agreement 2019 (the 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

[5] The Australian Workers’ Union is covered by the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Amalgamated Casket Company Pty Ltd, sought approval for the Enterprise Agreement 2019. The agreement was intended to regulate the terms and conditions of employment for its employees. The dispute involved the company's request for specific provisions in the agreement, which the employees' representative, the Australian Manufacturing Workers' Union, contested on various grounds.

The legal issues before the court included whether the provisions in question were procedurally and substantively fair, and whether they complied with the relevant statutory requirements under the Fair Work Act 2009. The court had to determine whether the provisions met the 'better off overall test', which assesses whether employees would be better off with the new agreement than they would be under the applicable award or safety net. Additionally, the court needed to assess whether the agreement was made in good faith and whether it provided for appropriate processes for dispute resolution.

The court found that the provisions in the agreement were procedurally fair, as they were made in good faith and the bargaining process was conducted appropriately. The court also determined that the provisions met the better off overall test, as employees would receive a pay increase and other benefits that outweighed any potential detriments. The court concluded that the agreement complied with the statutory requirements and was thus approved. The decision was made in the context of ensuring that the terms and conditions of employment provided a fair and equitable outcome for both the employees and the employer.

Amalgamated Casket Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established