DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

InvoCare Australia Pty Limited
(AG2015/4324)

INVOCARE QLD CEMETERIES AND CREMATORIA ENTERPRISE AGREEMENT 2015

Cemetery operations
COMMISSIONER MCKENNA	SYDNEY, 31 AUGUST 2015

Application for approval of the InvoCare Qld Cemeteries and Crematoria Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the InvoCare Qld Cemeteries and Crematoria Enterprise Agreement 2015 (“the Agreement”). The application has been made by InvoCare Australia Pty Limited (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided a written undertaking concerning a discrete matter and I have sought the views of the bargaining representatives concerning the undertaking. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] United Voice has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 1 March 2019.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

InvoCare Australia Pty Limited applied to the Fair Work Commission for approval of the InvoCare Qld Cemeteries and Crematoria Enterprise Agreement 2015. The application was brought under section 233 of the Fair Work Act 2009. The dispute centred on whether the agreement, which sought to regulate employment conditions for workers in Queensland's cemetery and crematoria services, was in the public interest and met the requirements for fair and independent negotiation. The Commission had to determine whether the agreement appropriately balanced the rights and interests of employees and employers, and if it was a genuine agreement reached without coercion or undue influence.

The legal issues before the Commission included whether the agreement was made independently, whether it met the criteria for being in the public interest, and whether it was fairly and properly negotiated. Additionally, the Commission had to assess if the agreement complied with the provisions of the Fair Work Act, including those concerning the protection of employee rights and the facilitation of fair and effective industrial relations. The application also raised questions about the procedural fairness of the negotiation process and the content of the agreement itself.

The Commission concluded that the agreement was made independently and was in the public interest. It found that the negotiation process was procedurally fair, and the agreement met the necessary criteria for approval under the Fair Work Act. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The Commission was satisfied that the agreement was genuinely negotiated and did not contain any provisions that were unfair or unreasonable. Consequently, the Commission approved the application and the agreement was registered.

The final orders of the Commission included the registration of the InvoCare Qld Cemeteries and Crematoria Enterprise Agreement 2015, confirming its validity and applicability as a registered agreement under the Fair Work Act. This decision ensures that the agreement will govern the employment conditions for the specified workers in the cemeteries and crematoria sector in Queensland.

InvoCare Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established