InvoCare Australia Pty Limited
[2023] FWCA 3145
•28 SEPTEMBER 2023
| [2023] FWCA 3145 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
InvoCare Australia Pty Limited
(AG2023/3275)
INVOCARE AUSTRALIA PTY LIMITED LESTER AND SON ENTERPRISE AGREEMENT 2023
| Funeral directing | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 28 SEPTEMBER 2023 |
Application for approval of the InvoCare Australia Pty Limited Lester and Son Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the InvoCare Australia Pty Limited Lester and Son Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InvoCare Australia Pty Limited. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
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 organisation. The AWU supports approval of the Agreement and are of the view that the Agreement passes the better off overall test.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2023. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE521674 PR766659>
0
0
0