InvoCare Australia Pty Ltd Summary

[2025] FWCA 2345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

InvoCare Australia Pty Ltd

(AG2025/2051)

INVOCARE AUSTRALIA PTY LIMITED NSW FUNERALS INDUSTRY ENTERPRISE AGREEMENT 2025

Funeral directing
COMMISSIONER P RYAN	SYDNEY, 16 JULY 2025

Application for approval of the InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2025

InvoCare Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 31.2, 32.2 and 35.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 27A of the Funeral Industry Award 2020 is taken to be a term of the Agreement.

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the FW Regulations is taken to be a term of the Agreement.

Section 183 Bargaining Representative

The Australian Workers’ Union (AWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 23 July 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, InvoCare Australia Pty Ltd, sought approval of a proposed enterprise agreement, the NSW Funerals Industry Enterprise Agreement 2025. The applicant, a company operating in the funerals industry, submitted the agreement for consideration under the Fair Work Act 2009, seeking to regulate the terms and conditions of employment for its employees in New South Wales. The legal issues before the Commission centred on whether the proposed agreement met the requirements for direct registration under the Act, specifically whether it was a genuine enterprise agreement, provided for the direct regulation of terms and conditions, and was consistent with the principles of the Fair Work Act. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements for its registration.

The Commission carefully examined the proposed agreement, noting the provisions concerning pay rates, entitlements, and other employment terms. It assessed whether these terms were negotiated in good faith and whether the agreement covered a genuine enterprise. The Commission considered submissions from the parties and relevant industry standards to determine if the agreement was consistent with the principles of the Act. The Commission found that the proposed agreement was a genuine enterprise agreement, was consistent with the Act, and complied with procedural requirements. It was satisfied that the agreement was negotiated in good faith and covered the requisite enterprise, thereby meeting all necessary criteria for direct registration.

Accordingly, the Commission approved the NSW Funerals Industry Enterprise Agreement 2025, granting it direct registration under the Fair Work Act. The agreement will now regulate the employment terms for the employees of InvoCare Australia Pty Ltd in New South Wales, providing a framework for their wages, entitlements, and working conditions. The decision was made on the basis of the evidence presented and the Commission's interpretation of the relevant statutory provisions. The applicant's application for approval of the agreement was thus successful, and the agreement is now in effect as a legally binding enterprise agreement.

InvoCare Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established