InvoCare Australia Pty Ltd

[2014] FWCA 4540

[2014] FWCA 4540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

InvoCare Australia Pty Ltd
(AG2014/1294)

INVOCARE AUSTRALIA PTY. LIMITED NSW FUNERAL INDUSTRY ENTERPRISE AGREEMENT 2013

Funeral directing
COMMISSIONER BULL	PERTH, 8 JULY 2014

Application for approval of the InvoCare Australia Pty. Limited NSW Funeral Industry Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the InvoCare Australia Pty. Limited NSW Funeral Industry Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On 10 March 2014, InvoCare Australia Pty Ltd (the Applicant) filed an application (AG2014/532) for the approval of the Agreement (earlier application).

[3] With respect to the earlier application the Commission advised the Applicant that the Notice of Employee Representational Rights (NERR) did not meet the strict requirements of the Act as it contained additional content in the form of a memorandum attached to the NERR which stated:

“If you choose not to nominate a representative, your default representative will be Aiden Nye, Secretary of the Funeral and Allied Services Industries Union of NSW.”

[4] The Commission requested the Applicant to provide correspondence as to where the Act provided that where an employee who is not a union member does not nominate a representative that their default representative will be the union and drew the Applicant’s attention to the decision in Shape Shopfitters Pty Ltd [2013] FWC 3161.

[5] The earlier application was subsequently withdrawn following a conference that took place with the Commission on 11 April 2014.

[6] The Agreement was re-filed with the Commission on 3 June 2014 and I am satisfied that the NERR meets the legislative requirements.

[7] The Agreement covers funeral service employees and clerical employees in the data entry department of the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[8] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[9] The Funeral and Allied Industries Union of New South Wales Branch being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement cover to it. In accordance with s.201(2) I note that the Agreement covers this organisation.

[10] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 15 July 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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