DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

InvoCare Pty Limited
(AG2021/5185)

INVOCARE AUSTRALIA PTY LIMITED ACT FUNERALS ENTERPRISE AGREEMENT 2021

Funeral directing
COMMISSIONER MCKINNON	MELBOURNE, 18 JUNE 2021

Application for approval of the InvoCare Australia Pty Limited ACT Funerals Enterprise Agreement 2021.

[1] Invocare Pty Limited has applied for approval of a single enterprise agreement known as the InvoCare Australia Pty Limited ACT Funerals Enterprise Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, 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.

[4] The Agreement is approved and will operate from 25 June 2021. The nominal expiry date of the Agreement is 15 July 2023.

[5] The Agreement covers the Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

InvoCare Pty Limited recently came before the Fair Work Commission, where the company sought approval of the InvoCare Australia Pty Limited ACT Funerals Enterprise Agreement 2021. The applicant, InvoCare, is a funeral service provider, and the dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement was in the best interests of the employees and did not undermine the safety, health, and welfare of the public.

The legal issues before the Commission included whether the proposed agreement complied with the relevant provisions of the Fair Work Act, particularly regarding the provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment. The Commission also had to consider if the agreement contained any terms that might be contrary to the public interest, given that funeral services are a vital service to the community. Additionally, the fairness and appropriateness of the proposed agreement in terms of its impact on the workforce and its alignment with broader industrial standards were scrutinised.

After reviewing the submissions and evidence from both parties, the Commission found that the proposed agreement met the necessary criteria for approval. The agreement was deemed to be in the best interests of the employees, provided adequate protections and entitlements, and did not pose any risks to the safety, health, or welfare of the public. The Commission highlighted the importance of maintaining fair and reasonable terms for the employees while ensuring that the service quality and public safety standards were upheld. Consequently, the Commission approved the agreement, subject to certain conditions that aimed to safeguard the interests of both the employees and the public.

InvoCare Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established