DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InvoCare Australia Pty Ltd T/A Invocare
(AG2016/6606)

INVOCARE AUSTRALIA PTY LTD ACT FUNERALS ENTERPRISE AGREEMENT 2016

Funeral directing
COMMISSIONER GREGORY	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the InvoCare Australia Pty Ltd ACT Funerals Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the InvoCare Australia Pty Ltd ACT Funerals 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 T/As Invocare. 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] 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) 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 29 November 2016. The nominal expiry date of the Agreement is 15 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

InvoCare Australia Pty Ltd, trading as Invocare, applied for the approval of the InvoCare Australia Pty Ltd ACT Funerals Enterprise Agreement 2016. The application was brought before the Fair Work Commission. The nature of the dispute involved whether the proposed enterprise agreement met the necessary standards and requirements for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement was in the public interest and whether it met the relevant criteria for approval as outlined in the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms, including wages, conditions, and other employment-related matters. The court also had to consider whether the agreement had been made in good faith and whether it provided for the efficient operation of the business.

In delivering its decision, the court found that the proposed agreement was fair and reasonable, met the statutory criteria, and was in the public interest. The court noted the agreement's provisions for fair wages and conditions, as well as the agreement's compliance with the relevant legislative requirements. The court also found that the agreement had been made in good faith and would facilitate the efficient operation of the business.

As a result, the Fair Work Commission approved the InvoCare Australia Pty Ltd ACT Funerals Enterprise Agreement 2016, effective from the date of the decision. The approval allows the agreement to be registered with the Australian Industrial Relations Commission, ensuring its enforceability under the Fair Work Act.

InvoCare Australia Pty Ltd T/A Invocare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established