InvoCare Australia Pty Limited

Case

[2023] FWCA 2895

8 SEPTEMBER 2023


[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

  1. 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.

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

  1. 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.

  1. 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.

  1. 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

<AE521435  PR766018>

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