Invocare Petcare Pty Ltd Summary

[2025] FWCA 1714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Invocare Petcare Pty Ltd

(AG2025/1292)

INVOCARE PETCARE PTY LTD ENTERPRISE AGREEMENT 2025

Cemetery operations
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 MAY 2025

Application for approval of the InvoCare PetCare Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the InvoCare PetCare Pty Ltd Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 July 2025. The nominal expiry date of the Agreement is 30 June 2029.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AWU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Invocare Petcare Pty Ltd applied to the Fair Work Commission for approval of the InvoCare PetCare Pty Ltd Enterprise Agreement 2025. The agreement was intended to govern the employment conditions of employees within the organisation. The applicant sought the court's approval, asserting that the agreement was fair and appropriate for the workforce.

The central legal issue before the court was whether the proposed enterprise agreement complied with the criteria set forth in the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the "better off overall test" and if it was made in good faith. The court also needed to assess if the agreement provided appropriate terms and conditions of employment, including wages, hours of work, and other benefits.

After reviewing the evidence and arguments presented by the parties, the court found that the proposed agreement was fair and met the necessary criteria. The court concluded that the agreement was in good faith and provided terms and conditions that were no less favourable than the relevant awards or applicable laws. Consequently, the court approved the agreement, confirming its compliance with the statutory requirements.

The final orders of the court were to approve the InvoCare PetCare Pty Ltd Enterprise Agreement 2025, subject to the conditions specified in the decision. The agreement would now serve as a legally binding contract between the employer and the employees, governing their employment terms and conditions for the duration specified.

Invocare Petcare Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established