DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InvoCare Australia Pty Ltd T/A InvoCare Australia
(AG2017/931)

INVOCARE SOUTH AUSTRALIA FUNERAL OPERATIONS ENTERPRISE AGREEMENT 2016

Funeral directing
COMMISSIONER CIRKOVIC	MELBOURNE, 13 APRIL 2017

Application for approval of the InvoCare South Australia Funeral Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the InvoCare South Australia Funeral Operations 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/A InvoCare. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 13 April 2017 and, in accordance with s.54, will operate from 20 April 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of InvoCare Australia Pty Ltd T/A InvoCare Australia, the Fair Work Commission was asked to approve the InvoCare South Australia Funeral Operations Enterprise Agreement 2016. The application was brought by the employer, InvoCare Australia, seeking approval of the agreement which aimed to regulate the terms and conditions of employment for its employees in South Australia.

The legal issues before the commission included whether the agreement met the procedural requirements for approval under the Fair Work Act 2009, and whether it contained the necessary provisions to be considered a valid enterprise agreement. Specifically, the commission had to assess if the agreement was made in good faith and if it contained the mandated minimum terms and conditions. The commission also had to consider the extent to which the agreement complied with the relevant provisions of the act, including the requirement for independent employee representation and the coverage of appropriate bargaining groups.

The commission found that the agreement satisfied the procedural requirements for approval. It noted that the agreement was made in good faith and included the necessary minimum terms and conditions as prescribed by the act. The commission also determined that the agreement was appropriately certified and that it covered the correct bargaining groups. The employer had provided evidence of the independent employee representation during the negotiation process, which was a critical component for the agreement's validity. Given these findings, the commission approved the InvoCare South Australia Funeral Operations Enterprise Agreement 2016.

The final orders included the approval of the agreement, effective from the date of the commission's decision. The approved agreement would now govern the employment terms and conditions for the relevant employees in South Australia. The commission's decision was based on the thorough assessment of the procedural and substantive requirements under the act, ensuring that the agreement was both legally compliant and fair to the employees involved.

InvoCare Australia Pty Ltd T/A InvoCare Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established