AMALGAMATED CASKET COMPANY PTY. LTD. ENTERPRISE AGREEMENT 2026

Application for approval of the Amalgamated Casket Company Pty. Ltd. Enterprise Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as Amalgamated Casket Company Pty Ltd Enterprise Agreement 2026 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Amalgamated Casket Company Pty Ltd T/A ACC Higgins (Higgins). The Agreement is a single enterprise agreement.

[2] Section 185(3)(a) of the Act provides that an application for approval of an agreement must be made no later than 14 days after the agreement being made. The Agreement was made on 21 January 2026 and the application lodged on 11 February 2026, some 21 days after the Agreement was made and therefore 7 days late. I have considered the explanation provided for the late lodgement and am satisfied in all the circumstances that it is fair to extend the period to the date on which the application was lodged.

[3] Clause 27 of the Agreement provides for workplace delegates' rights. Section 205A of the Act provides that an enterprise agreement must include a delegates' rights term for workplace delegates to whom the agreement applies. A "delegates' rights term" is defined as a term in a fair work instrument that provides for the exercise of the rights of workplace delegates[1]. A note to the definition provides that the rights of workplace delegates are set out in s 350C of the Act, and the delegates' rights term must provide at least for the exercise of those rights. In Construction, Forestry and Maritime Employees Union v Australian Industry Group[2] a Full Court of the Federal Court identified several features of a workplace delegates' rights clause which appeared in modern Awards as being "errors" with respect to the provision for the rights set out in s 350C of the Act. These included limitations as to representation only to employees of the employer of the delegate, rather than all employees who work in the enterprise, limits on communication with employees "for the purpose of representing their industrial interests" and the making of delegates' entitlements conditional upon compliance with a range of requirements[3]. On 23 January 2026 modern Awards were varied to address these "errors"[4].

[4] Clause 27 of the Agreement contains similar limitations as to the exercise of delegates rights as identified by the Federal Court. The clause is therefore less less favourable than the delegates' rights term now appearing in the Funeral Industry Award 2020 (the Award). Accordingly, pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the Award is taken to be a term of the Agreement.

Interaction with the National Employment Standards

[5] Clause 8(a) of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Casual conversion - clause 15.6

[6] On the basis of the material filed in support of the application, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Australian Workers' Union (AWU) 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 AWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

[1] Fair Work Act 2009 s 12

[2] [2025] FWCFB 187

[3] See further Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FWCFB 187

[4] Variation of modern awards to include a delegates' rights term [2026] FWCFB 5

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