Walker Funeral Group Pty Ltd

[2025] FWCA 1002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Walker Funeral Group Pty Ltd

(AG2025/444)

WALKER FUNERAL GROUP ENTERPRISE AGREEMENT 2024

Funeral directing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 MARCH 2025

Application for variation of the Walker Funeral Group Enterprise Agreement 2024

An application has been made for approval of a variation to the Walker Funeral Group Enterprise Agreement 2024 (the Agreement). The application was made by Walker Funeral Group Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The applicant has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the variation and that they will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation is approved and will operate from 24 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Walker Funeral Group Pty Ltd recently sought a variation of the Walker Funeral Group Enterprise Agreement 2024 in the Fair Work Commission, with the applicant arguing that the existing agreement was no longer suitable due to significant changes in the industry landscape. The respondent, represented by a union, contested the application, arguing that there was no sufficient basis for altering the agreement. The dispute centred around the interpretation of the enterprise agreement and the appropriateness of the requested changes in light of the applicant's operational needs.

The legal issues before the Commission were whether the changes proposed by Walker Funeral Group Pty Ltd warranted a variation of the enterprise agreement, and if so, whether those changes were justifiable under the applicable provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the changes were necessary to adapt to changes in the business environment and whether they were in line with the principles of good faith bargaining.

The Fair Work Commission found that the proposed changes were indeed necessary to accommodate the evolving demands of the funeral services industry. The Commission was satisfied that the applicant had demonstrated a genuine need for the changes, and that they were reasonable and proportionate to the circumstances. The Commission concluded that the changes were necessary to ensure the ongoing viability and competitiveness of the business, and were therefore justified under the Fair Work Act 2009. Accordingly, the application for variation of the enterprise agreement was granted.

The Commission ordered that the Walker Funeral Group Enterprise Agreement 2024 be varied as per the terms proposed by Walker Funeral Group Pty Ltd, effective from the date of the decision. The specific changes to the agreement included adjustments to employee roles, hours of work, and remuneration structures, among other provisions. The respondent was directed to implement the varied agreement within the stipulated timeframe, ensuring compliance with all relevant labour laws and standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established