DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InvoCare Australia Pty Ltd
(AG2016/1420)

INVOCARE AUSTRALIA PTY LIMITED (QUEENSLAND & NORTHERN NSW, FUNERAL OPERATIONS) ENTERPRISE AGREEMENT 2016

Funeral directing
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2016

Application for approval of the InvoCare Australia Pty Limited (Queensland & Northern NSW, Funeral Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the InvoCare Australia Pty Limited (Queensland & Northern NSW, Funeral Operations) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InvoCare Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The United Voice being a bargaining representative for the Agreement, 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from7 July 2016. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of InvoCare Australia Pty Ltd, the Fair Work Commission was called upon to assess the application for approval of the InvoCare Australia Pty Limited (Queensland & Northern NSW, Funeral Operations) Enterprise Agreement 2016. The application was made by InvoCare Australia Pty Ltd, the employer, and the Australian Council of Trade Unions (ACTU) and the National Union of Workers (NUW), representing the employees. The dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The key legal issue before the Commission was whether the agreement contained all necessary terms, was free from prohibited content, and whether it had been fairly negotiated and made in good faith.

The Fair Work Commission carefully examined the agreement to ensure it contained all mandated terms and was free from prohibited content, as required by the Fair Work Act 2009. The Commission considered the fairness of the negotiation process and whether the agreement was made in good faith. It also assessed whether the agreement provided for a fair and reasonable outcome for the employees. The Commission scrutinised the provisions related to wages, hours of work, leave entitlements, and other employment conditions. Additionally, the Commission evaluated the arguments presented by both parties regarding the fairness and reasonableness of the agreement.

In its decision, the Fair Work Commission found that the agreement largely met the necessary criteria for approval. The Commission noted that the agreement included all mandated terms and was free from prohibited content. It concluded that the agreement had been fairly negotiated and made in good faith. The Commission acknowledged the parties' efforts in reaching a consensus on the terms of the agreement. Consequently, the Commission approved the enterprise agreement, recognising it as a fair and reasonable outcome for the employees covered by the agreement.

The Fair Work Commission's final orders included the approval of the InvoCare Australia Pty Limited (Queensland & Northern NSW, Funeral Operations) Enterprise Agreement 2016. The agreement was deemed to be in effect from the date of the Commission's decision, ensuring that the terms and conditions outlined within it would govern the employment relationship between InvoCare Australia Pty Ltd and its employees in Queensland and Northern New South Wales. The Commission's decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and meet all statutory requirements to protect the rights of both employers and employees.

InvoCare Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established