InvoCare Pty Limited

[2021] FWCA 3900

[2021] FWCA 3900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InvoCare Pty Limited
(AG2021/5777)

INVOCARE AUSTRALIA PTY LIMITED LESTER AND SON ENTERPRISE AGREEMENT 2021

Funeral directing
COMMISSIONER O'NEILL	MELBOURNE, 12 JULY 2021

Application for approval of the InvoCare Australia Pty Limited Lester and Son Enterprise Agreement 2021.

[1] InvoCare Pty Limited has applied for approval of an enterprise agreement known as the InvoCare Australia Pty Limited Lester and Son Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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] I observe that clause 33.2 – Notice of termination by an Employee, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement lodged contained a typographical error at clause 12.6(e). On 6 July 2021, the Applicant filed an amended page of the Agreement. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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