Amalgamated Casket Company Pty Ltd

[2014] FWCA 3271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Amalgamated Casket Company Pty Ltd
(AG2014/969)

AMALGAMATED CASKET COMPANY PTY. LTD. ENTERPRISE AGREEMENT 2014

Funeral directing
COMMISSIONER BULL	SYDNEY, 16 MAY 2014

Application for approval of the Amalgamated Casket Company Pty. Ltd. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Amalgamated Casket Company Pty. Ltd. Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement covers employees of Amalgamated Casket Company Pty Ltd who are engaged at the company’s workplace at 2 Braid Street, West Footscray and who are engaged in a classification which falls within the classification structure set out in Schedule A of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] 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 cover to it. In accordance with s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 23 May 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Amalgamated Casket Company Pty Ltd, sought approval of the Enterprise Agreement 2014 from the Fair Work Commission. The agreement was to cover employees who were members of the Australian Manufacturing Workers Union and the Transport Workers Union. The applicants argued that the agreement was a genuine enterprise agreement, made under the Fair Work Act 2009, and that it should be approved.

The legal issues before the court were whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it complied with the requirements of the Fair Work Act 2009. The applicants argued that the agreement was made in good faith and complied with all relevant provisions of the Act. The unions argued that the agreement did not comply with the Act because it did not provide for adequate consultation and did not allow for fair representation of all employees.

The court found that the agreement was genuinely an enterprise agreement and that it was made in good faith. The court also found that the agreement complied with all relevant provisions of the Fair Work Act 2009. The court rejected the unions' argument that the agreement did not provide for adequate consultation, finding that the applicants had taken all reasonable steps to consult with the unions and their members. The court also found that the agreement allowed for fair representation of all employees.

The court approved the Enterprise Agreement 2014 and ordered that it be registered with the Fair Work Commission. The unions were given leave to appeal the decision to the Federal Court of Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established