DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tobin Brothers Pty Ltd T/A Tobin Brothers Funerals
(AG2019/793)

TOBIN BROTHERS FUNERALS ENTERPRISE AGREEMENT 2017

Funeral directing
COMMISSIONER YILMAZ	MELBOURNE, 16 JULY 2019

Application for approval of the Tobin Brothers Funerals Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tobin Brothers Funerals 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 Tobin Brothers Pty Ltd T/A Tobin Brothers Funerals. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and 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 to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tobin Brothers Pty Ltd, trading as Tobin Brothers Funerals, applied for the approval of the Tobin Brothers Funerals Enterprise Agreement 2017. The application was made under the Fair Work Act 2009, seeking the Commission's approval of an enterprise agreement that had been negotiated with the Funeral Directors and Embalmers' Union of New South Wales, representing the employees. The agreement aimed to regulate various terms and conditions of employment, including wages, working hours, and other employment-related matters. The Commission's role was to determine whether the agreement met the requirements for direct approval, considering factors such as whether it provided for the direct resolution of any existing industrial disputes and whether it met the "better off overall test".

The legal issues before the Commission centred on the application of the "better off overall test" and the need for the agreement to meet specific legislative criteria for direct approval. The "better off overall test" required the Commission to assess whether the proposed agreement would provide employees with terms and conditions that were no worse than and better than their previous conditions. Additionally, the agreement had to comply with other statutory requirements, such as provisions for minimum wages and entitlements. The Commission had to examine the specifics of the agreement, including wage rates, working conditions, and dispute resolution mechanisms, to ensure compliance with these legal standards.

Upon reviewing the agreement, the Commission found that it satisfied the "better off overall test" as employees would not be worse off and would benefit from the terms outlined in the agreement. The proposed wages and conditions met or exceeded the minimum standards set by the Fair Work Act 2009. Furthermore, the agreement included provisions for the direct resolution of any existing disputes and provided for clear mechanisms for future dispute resolution. Given these findings, the Commission approved the agreement, recognising its compliance with the necessary legal criteria and its potential to provide improved terms and conditions for the employees.

The Commission's decision was formalised in a written determination, which granted approval to the Tobin Brothers Funerals Enterprise Agreement 2017. The approval was effective from the date specified in the agreement, and it was noted that the agreement would apply to all employees covered by the bargaining unit. The determination outlined the basis for the approval, emphasising the compliance with the "better off overall test" and adherence to legislative requirements. The decision ensured that the agreement would be implemented, providing a clear framework for the terms and conditions of employment for the affected employees.

Tobin Brothers Pty Ltd T/A Tobin Brothers Funerals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established