Invocare Australia Pty Limited T/A Invocare

Case

[2022] FWCA 3840

1 NOVEMBER 2022


[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

  1. 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

  1. 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

  1. 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

  1. 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.

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

Approval

  1. 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

<AE518028  PR747521>

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