InvoCare Australia Pty Ltd

[2013] FWCA 8788

[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

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