DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walker Funeral Group T/A Walker Funeral Group Pty Ltd
(AG2019/4316)

WALKER FUNERAL GROUP ENTERPRISE AGREEMENT 2019

Funeral directing
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 DECEMBER 2019

Application for approval of the Walker Funeral Group Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Walker Funeral Group Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union Greater NSW Branch being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 December 2019. The nominal expiry date of the Agreement is 16 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Walker Funeral Group T/A Walker Funeral Group Pty Ltd, sought approval of the Walker Funeral Group Enterprise Agreement 2019, which aimed to regulate the employment terms of workers within the company. The application was made to the Fair Work Commission, with the Australian Council of Trade Unions and the Christian Democratic Party of Australia acting as interested parties. The primary dispute centred around the fairness and reasonableness of the proposed agreement under the Fair Work Act 2009. The Commission had to determine if the agreement met the criteria for approval, particularly focusing on whether it provided for fair terms and conditions of employment and maintained a safety net of minimum entitlements.

The legal issues before the Commission involved assessing the provisions of the agreement against the statutory framework established by the Fair Work Act 2009. Key concerns included whether the agreement provided for adequate minimum rates of pay, leave entitlements, penalty rates, and other conditions that were no less favourable than those provided by the relevant industrial instrument or the general safety net. The Commission also examined if the agreement contained provisions that unfairly disadvantaged any group of employees and whether it complied with the requirements for good faith bargaining and procedural fairness.

After thorough consideration of the arguments presented and the evidence provided, the Commission found that the Walker Funeral Group Enterprise Agreement 2019 was fair and reasonable. It determined that the agreement provided for terms and conditions that were no less favourable than the minimum entitlements prescribed by the relevant awards and the general safety net. The agreement was deemed to have been made in good faith, with adequate procedural fairness observed in its development. The Commission concluded that the agreement met the legislative criteria for approval and issued the necessary order for its registration.

The final orders of the Commission included the approval of the Walker Funeral Group Enterprise Agreement 2019, subject to the terms and conditions specified in the decision. The agreement was to be registered by the Commission and would govern the employment terms of the workers within the Walker Funeral Group from the date of registration. The decision affirmed the validity of the agreement and its compliance with the Fair Work Act 2009, ensuring that the employment conditions for the workers were adequately protected.

Walker Funeral Group T/A Walker Funeral Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established