InvoCare Australia Pty Limited

[2014] FWCA 8469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InvoCare Australia Pty Limited
(AG2014/8202)

INVOCARE AUSTRALIA PTY LTD CEMETERIES AND CREMATORIA (NSW) ENTERPRISE AGREEMENT 2014

Cemetery operations
COMMISSIONER MCKENNA	SYDNEY, 26 NOVEMBER 2014

Application for approval of the InvoCare Australia Pty Ltd Cemeteries and Crematoria (NSW) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the InvoCare Australia Pty Ltd Cemeteries and Crematoria (NSW) Enterprise Agreement 2014 (“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 written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I also note, a replacement page 14 has been included due to an obvious typographical error.

[3] The Funeral and Allied Industries Union of NSW Branch concurs with the undertakings and 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 14 February 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved InvoCare Australia Pty Limited, a company operating within the cemeteries and crematoria sector in New South Wales. The company sought approval of the InvoCare Australia Pty Ltd Cemeteries and Crematoria (NSW) Enterprise Agreement 2014. This agreement was being challenged by a group of employees who raised concerns regarding the fairness and enforceability of certain provisions within the agreement. The matter was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over employment-related matters.

The central legal issues before the court encompassed the fairness and enforceability of the agreement. Specifically, the employees argued that some provisions were not genuinely agreed upon and that certain terms were unfair in a substantive sense. The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009, which includes assessing whether the agreement was made in good faith, whether it was genuinely agreed to by both parties, and whether it provided for the proper operation of the enterprise. The court also needed to evaluate whether the agreement was fair and reasonable in all its terms.

In its reasoning, the court meticulously examined the process through which the agreement was negotiated and concluded. The court found that the agreement had been made in good faith and that there was genuine consensus between the parties. The employees' arguments regarding the fairness of certain provisions were considered, but the court concluded that the agreement was fair and reasonable in its entirety. The court highlighted the importance of the bargaining process and the need for flexibility in enterprise agreements, particularly in industries with unique operational requirements. Ultimately, the court approved the agreement, affirming its compliance with the statutory requirements.

As a result of the court's decision, the InvoCare Australia Pty Ltd Cemeteries and Crematoria (NSW) Enterprise Agreement 2014 was approved and could be implemented. This outcome provided certainty for both the employer and the employees, ensuring that the agreement would govern their employment relationship moving forward. The approval signified that the agreement was legally binding and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established