InvoCare Australia Pty Limited

[2023] FWCA 2895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

InvoCare Australia Pty Limited

(AG2023/2935)

INVOCARE AUSTRALIA PTY LIMITED VICTORIAN FUNERAL OPERATIONS ENTERPRISE AGREEMENT 2022

Funeral industry
COMMISSIONER CRAWFORD	SYDNEY, 8 SEPTEMBER 2023

Application for approval of the Invocare Australia Pty Limited Victorian Funeral Operations Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the InvoCare Australia Pty Limited Victorian Funeral Operations Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

InvoCare Australia Pty Limited recently approached the Fair Work Commission seeking approval of the Invocare Australia Pty Limited Victorian Funeral Operations Enterprise Agreement 2022. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. InvoCare, an employer in the funeral services industry, sought to have the agreement recognised as a registered enterprise agreement.

The central legal issue before the Commission was whether the agreement met the criteria for registration under the Fair Work Act. The Commission had to determine if the agreement was a genuine enterprise agreement, had been fairly made, and satisfied the specific provisions of the Act, including those concerning the proper use of bargaining representatives, the process of reaching the agreement, and the content of the agreement itself.

In its decision, the Fair Work Commission examined the evidence presented by the parties, including the process by which the agreement was negotiated and the roles of the bargaining representatives. The Commission considered whether the agreement was genuinely negotiated between the employer and the employees' representatives and whether the representatives acted appropriately. It also reviewed the content of the agreement to ensure it complied with the relevant sections of the Act, including those related to employee protections and workplace conditions.

The Commission concluded that the agreement was a genuine enterprise agreement that had been fairly made and satisfied all the statutory requirements for registration. Consequently, the Commission approved the Invocare Australia Pty Limited Victorian Funeral Operations Enterprise Agreement 2022 as a registered enterprise agreement. This approval ensures that the terms of the agreement are legally enforceable, providing certainty for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established