Invocare Australia Pty Limited T/A Invocare

[2022] FWCA 4620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Invocare Australia Pty Limited T/A Invocare

(AG2022/5098)

InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2022

Funeral directing
DEPUTY PRESIDENT EASTON	SYDNEY, 30 DECEMBER 2022

Application for approval of the InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2022.

Invocare Australia Pty Limited T/A Invocare (the Employer) has made an application for the approval of the InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and 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 AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Invocare Australia Pty Limited, trading as Invocare, applied to the Fair Work Commission for approval of the InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2022. The application was made under section 231 of the Fair Work Act 2009, seeking the agreement be approved as a transitional agreement. The dispute centred on the validity and appropriateness of the terms of the agreement, including its compliance with the requirements of the Act.

The court needed to determine whether the application complied with the statutory criteria, including whether the agreement provided for fair and equitable terms and conditions. A critical issue was whether the agreement met the minimum standards set by the relevant award and whether it was genuinely negotiated between the employer and employees. The court also had to assess whether the agreement would facilitate the improvement of workplace relations and if it was in the best interest of the employees.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The Commission concluded that the agreement provided for fair and equitable terms and conditions, met the minimum standards of the Funerals Industry Award, and was genuinely negotiated. The Commission noted that the agreement included provisions for the fair treatment of employees, reasonable working hours, and adequate remuneration. Additionally, the Commission determined that the agreement was in the best interest of the employees and would facilitate improved workplace relations. Accordingly, the application for approval was granted, and the agreement was approved as a transitional agreement.

The Fair Work Commission ordered the approval of the InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2022 as a transitional agreement, effective from the date of the decision. The agreement was to apply to all employees of Invocare Australia Pty Limited who were covered by the Funerals Industry Award. The Commission's decision provided clarity for both the employer and employees, ensuring that the agreement would remain in force until superseded by a new agreement or award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established