Mannings Funeral Home Pty Ltd T/A Mannings Funerals

[2015] FWCA 6881

[2015] FWCA 6881

Melissa Phang

Associate to Deputy President Bull

Dated 9 October 2015

[1] The decision issued by the Fair Work Commission on 8 October 2015, [2015] FWCA 6881 is corrected as follows:

1. By deleting the word “Ezbury” where it appears in paragraph [3] of the decision and replacing it with “Ebzery”.

DEPUTY PRESIDENT

[2015] FWCA 6881

FAIR WORK COMMISSION

DECISION

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

Mannings Funeral Home Pty Ltd T/A Mannings Funerals
(AG2015/4966)

MANNINGS FUNERAL HOME ENTERPRISE AGREEMENT 2015 TO 2019

Funeral directing
DEPUTY PRESIDENT BULL	SYDNEY, 8 OCTOBER 2015

Application for approval of the Mannings Funeral Home Enterprise Agreement 2015 to 2019

[2] An application has been made for the approval of an enterprise agreement known as the Mannings Funeral Home Enterprise Agreement 2015 to 2019 (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. The application is made by the employer, Mannings Funeral Home Pty Ltd (the applicant). The Funeral and Allied Industries Union of NSW Branch (the Union) was a bargaining representative involved in the agreement making process.

[3] The Fair Work Commission (the Commission) wrote to Ms Ebzery, the applicant’s representative on 1 October 2015 with respect to the Agreement not having specified the:

1. Minimum engagement period for part time employees; and

2. Minimum shift payment for casual employees.

[4] The Commission advised the applicant that above minimum entitlements are otherwise stipulated under the Funeral Industry Award 2010 (the Award), being the relevant award for the purposes of the better off overall test as per s.186 of the Act; and are relevant considerations for the Agreement in meeting the requirements of the BOOT.

Undertakings

[5] At the request of the Commission, the applicant has provided an undertaking which stipulates that:

1. Part time employees will be rostered for a minimum of 3 consecutive hours on any shift; and

2. Casual employees will be paid a minimum of 4 hours’ work, regardless of whether the full 4 hours is worked by the employee.

[6] The undertakings provided by the applicant (above) are in line with that of the Award, and is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[7] Taking into account the significantly higher rates of pay under the Agreement and the undertakings provided by the applicant, I am satisfied that the Agreement results in employees being better off overall under the Agreement.

[8] The undertakings are not so substantial that if asked to vote again, the employees who voted would not approve the Agreement. I am therefore satisfied that the undertakings do not result in a substantial change to the Agreement, as per s.190(3)(b) of the Act.

[9] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[10] The Funeral and Allied Industries Union of NSW Branch has stated in its F18 that it supports the approval of the Agreement, and wishes to be covered by the Agreement, in accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[11] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 15 October 2015. The nominal expiry date of the Agreement is 4 years from the date of approval.

[12] This decision and its undertakings should be brought to the attention of employees covered by the Agreement by the applicant.

DEPUTY PRESIDENT

Annexure A

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