Kings Funeral Services Pty Ltd

[2022] FWCA 2098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kings Funeral Services Pty Ltd

(AG2022/1795)

Kings Funeral Services Pty. Ltd. Enterprise Agreement 2022

Funeral directing
COMMISSIONER WILSON	MELBOURNE, 24 JUNE 2022

Application for approval of the Kings Funeral Services Pty. Ltd. Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Kings Funeral Services Pty. Ltd. Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kings Funeral Services Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 4 July 2022. The nominal expiry date of the Agreement is 24 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kings Funeral Services Pty Ltd, an employer, applied for approval of the Kings Funeral Services Pty Ltd Enterprise Agreement 2022, which was submitted to the Fair Work Commission. The agreement was entered into between the employer and the union, which represents the employees of the employer. The union claimed the agreement met the requirements of the Fair Work Act 2009, including the enterprise bargaining provisions and the provisions for a "better off overall test". The employer also argued the agreement was fair and reasonable.

The court was required to decide whether the agreement met the requirements of the Fair Work Act 2009, including the enterprise bargaining provisions and the "better off overall test". The court was also required to determine whether the agreement was fair and reasonable. The court examined the agreement to ensure it met the requirements of the Fair Work Act 2009, including the enterprise bargaining provisions and the "better off overall test". The court also examined the agreement to determine whether it was fair and reasonable.

The court found that the agreement met the requirements of the Fair Work Act 2009, including the enterprise bargaining provisions and the "better off overall test". The court also found that the agreement was fair and reasonable. The court approved the agreement, and it became a legally binding enterprise agreement.

The court approved the Kings Funeral Services Pty Ltd Enterprise Agreement 2022. The agreement became a legally binding enterprise agreement between the employer and the union, and it was to be implemented from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established