Invocare Australia Pty Limited T/A Invocare

[2022] FWCA 3840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Invocare Australia Pty Limited T/A Invocare

(AG2022/4214)

INVOCARE AUSTRALIA PTY LIMITED NSW CEMETERIES AND CREMATORIA ENTERPRISE AGREEMENT 2022

Cemetery operations
COMMISSIONER P RYAN	SYDNEY, 1 NOVEMBER 2022

Application for approval of the Invocare Australia Pty Limited NSW Cemeteries and Crematoria Enterprise Agreement 2022

Invocare Australia Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Invocare Australia Pty Limited NSW Cemeteries and Crematoria Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 8 November 2022. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Invocare Australia Pty Limited, trading as Invocare, recently appeared before the Fair Work Commission to seek approval of their New South Wales Cemeteries and Crematoria Enterprise Agreement 2022. The application was brought forth amidst a dispute regarding the terms of employment and conditions of work for the employees of Invocare. The company sought to formalise a new agreement that would govern the relationship between the employer and its workforce.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was a "genuine" enterprise agreement, as defined in the Act, and whether it met the minimum standards prescribed by the Fair Work Regulations. The Commission examined the procedural fairness in the negotiation process, the agreement's content concerning minimum entitlements, and the absence of any unfair terms.

Upon reviewing the evidence and submissions from both parties, the Commission found that the negotiation process was procedurally sound, and the agreement was indeed a genuine enterprise agreement. The Commission also concluded that the proposed agreement did not contravene any minimum standards and contained no unfair terms. Consequently, the Commission approved the Invocare Australia Pty Limited NSW Cemeteries and Crematoria Enterprise Agreement 2022, affirming its validity and enforceability under the Fair Work Act 2009.

The Fair Work Commission approved the application and declared the Invocare Australia Pty Limited NSW Cemeteries and Crematoria Enterprise Agreement 2022 to be a lawful and binding agreement between the employer and its employees. This decision brings certainty to the employment terms and conditions for the workforce, effective from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established