Invocare Australia Pty Ltd

[2013] FWCA 328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Invocare Australia Pty Ltd
(AG2012/13909)

INVOCARE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2012, TASMANIA

Funeral directing
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2013

Application for approval of the InvoCare Australia Pty Ltd Enterprise Agreement 2012, Tasmania.

[1] An application has been made for approval of a single enterprise agreement known as the InvoCare Australia Pty Ltd Enterprise Agreement 2012, Tasmania (the Agreement). The application was made by InvoCare Australia Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Workers’ Union, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 24 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Invocare Australia Pty Ltd, the applicant, sought approval for the InvoCare Australia Pty Ltd Enterprise Agreement 2012 in the Tasmanian branch of the Fair Work Commission. The dispute centered on whether the enterprise agreement, which was intended to govern the employment conditions of certain employees, met the legal requirements for approval under the Fair Work Act 2009.

The court needed to determine if the agreement satisfied the criteria outlined in section 232 of the Fair Work Act, including whether it provided for the "better off overall test" and if it was free from any invalid content. The validity of the process through which the agreement was formed was also scrutinized, with attention given to whether the requisite majority of employees had agreed to the terms.

In assessing the application, the court found that the agreement fulfilled the statutory requirements. It provided for the necessary protections and benefits to ensure employees were "better off overall," and no invalid provisions were identified. The process of reaching the agreement was deemed to be fair and in line with legal standards, with the requisite majority of employees expressing their consent. Consequently, the court approved the enterprise agreement, confirming its compliance with the legal framework.

The final orders of the court included the approval of the InvoCare Australia Pty Ltd Enterprise Agreement 2012, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the employer was directed to take necessary steps to inform its employees of the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established