InvoCare Australia Pty Limited

[2023] FWCA 107

[2023] FWCA 107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

InvoCare Australia Pty Limited

(AG2022/5403)

INVOCARE AUSTRALIA PTY LIMITED TASMANIAN FUNERAL OPERATIONS ENTERPRISE AGREEMENT 2022

Funeral directing
COMMISSIONER YILMAZ	MELBOURNE, 12 JANUARY 2023

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

1. An application has been made for approval of an enterprise agreement known as the Invocare Australia Pty Limited Tasmanian 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 Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement lodged contained an error at clause 5.1. The error relates to the former Funeral Industry Award 2010, however I have determined that this should be a reference to the Funeral Industry Award 2020. I am satisfied that this is an obvious error and that the correction should be made and that it is appropriate to do so pursuant to s.218A of the Act.

1. I observe that clause 26 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

2. The Australian Workers Union 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.

1. The Agreement is approved and in accordance with s.54, will operate from 19 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A