Walker Funeral Group Pty Ltd Summary

[2025] FWCA 208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Walker Funeral Group Pty Ltd

(AG2024/5267)

WALKER FUNERAL GROUP ENTERPRISE AGREEMENT 2024

Funeral directing
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 JANUARY 2025

Application for approval of the Walker Funeral Group Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Walker Funeral Group Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Walker Funeral Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Walker Funeral Group Pty Ltd sought approval of their Enterprise Agreement from the Fair Work Commission. This agreement governs the employment conditions of their employees. The application was made by the company, and the Australian Council of Trade Unions opposed it. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement was made in good faith, whether it provided for genuine enterprise bargaining, and whether it complied with the procedural requirements.

The Fair Work Commission considered the evidence presented by both parties and examined the contents of the agreement. The Commission found that the agreement was made in good faith and that the bargaining process was genuine. The agreement was also found to comply with the procedural requirements set out in the Act. The Commission noted that the agreement provided for appropriate mechanisms for dispute resolution and addressed key employment conditions in a fair and reasonable manner. The Commission concluded that the agreement met the statutory criteria for approval.

Accordingly, the Fair Work Commission approved the Walker Funeral Group Enterprise Agreement 2024. The approval will take effect from the date of the Commission's decision. The agreement will now govern the employment conditions of the employees covered by it. The decision provides certainty for both the employer and the employees, ensuring that their rights and obligations are clearly defined. The Commission's approval reflects its view that the agreement is fair and reasonable and meets the statutory requirements for approval.

Walker Funeral Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established