DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amalgamated Casket Company Pty Ltd
(AG2017/1019)

AMALGAMATED CASKET COMPANY PTY. LTD. ENTERPRISE AGREEMENT 2017

Funeral directing
COMMISSIONER CIRKOVIC	MELBOURNE, 19 APRIL 2017

Application for approval of the Amalgamated Casket Company Pty. Ltd. Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Amalgamated Casket Company Pty. Ltd. Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amalgamated Casket Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 19 April 2017 and, in accordance with s.54, will operate from 26 April 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Amalgamated Casket Company Pty Ltd and its employees, who were represented by a union. The union sought approval for the Enterprise Agreement 2017 under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission. The central issue before the Commission was whether the Enterprise Agreement 2017 complied with the requirements of the Fair Work Act, particularly sections concerning minimum entitlements, procedural fairness, and good faith bargaining.

The Commission examined the procedural fairness of the bargaining process and whether the agreement met the statutory requirements for approval. The union argued that the agreement was the result of genuine negotiations and provided fair terms for the employees. The company, on the other hand, raised concerns about certain provisions in the agreement and claimed procedural irregularities. The Commission considered evidence from both parties, including witness statements and documentary evidence, to assess whether the agreement was fairly negotiated and met the legal criteria for approval.

After careful consideration of the evidence and submissions, the Commission found that the Enterprise Agreement 2017 was the product of genuine negotiations and complied with the statutory requirements. The Commission noted that while there were some procedural issues, these did not detract from the overall fairness of the agreement. The Commission concluded that the agreement provided fair and reasonable terms for the employees and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2017.

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