InvoCare Australia Pty Ltd

[2013] FWCA 8788

FAIR WORK COMMISSION

DECISION

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

InvoCare Australia Pty Ltd
(AG2013/9758)

INVOCARE AUSTRALIA PTY LIMITED (QUEENSLAND AND TWEED HEADS FUNERAL OPERATIONS) ENTERPRISE AGREEMENT 2013

Funeral directing
COMMISSIONER BULL	SYDNEY, 8 NOVEMBER 2013

Application for approval of the InvoCare Australia Pty Limited (Queensland and Tweed Heads Funeral Operations) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the InvoCare Australia Pty Limited (Queensland and Tweed Heads Funeral Operations) 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.

Undertakings

[2] In its application to the Commission, the Applicant has provided an undertaking with respect to clause 16.1 - Meal Allowance. The Applicant advised the Commission that during preparation for filing this application an error with respect to the meal allowance was discovered.

[3] As such, the Applicant has provided an undertaking to provide a meal allowance of $11.73 as per the Funeral Industry Award 2010.

[4] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[5] The Agreement covers all operational staff in the businesses outlined in clause 4 of the Agreement in the South-East Queensland area. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[6] 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.

[7] 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 this organisation.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 15 November 2013. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of InvoCare Australia Pty Ltd, the applicant sought approval of the Enterprise Agreement (EA) for the Queensland and Tweed Heads Funeral Operations. The dispute was heard in the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal. The applicant, InvoCare Australia Pty Ltd, aimed to establish terms and conditions for its employees covered by the EA, which was proposed to replace an existing agreement.

The primary legal issue before the FWC was whether the EA met the requirements of the Fair Work Act 2009, specifically in relation to the provisions regarding the coverage of the agreement, the fairness of its terms and conditions, and whether the necessary steps for its approval were properly followed. The FWC had to assess if the EA complied with the procedural fairness requirements and if it was appropriately negotiated and documented.

The FWC found that the EA satisfied the necessary criteria under the Fair Work Act. The applicant demonstrated that the EA was made in good faith and without coercion, and that it had been negotiated in a manner consistent with the principles of procedural fairness. The FWC also determined that the terms and conditions of the EA were fair and reasonable, taking into account the various factors outlined in the Act. Consequently, the FWC approved the EA, enabling it to be registered and enforced.

The FWC's final order was that the InvoCare Australia Pty Limited (Queensland and Tweed Heads Funeral Operations) Enterprise Agreement 2013 be approved as a registered EA, effective from the date of the decision. This decision ensured that the terms and conditions set out in the EA would apply to the employees covered by the agreement, providing a framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established