InvoCare Pty Limited

[2021] FWCA 2043

[2021] FWCA 2043

FAIR WORK COMMISSION

DECISION

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

InvoCare Pty Limited
(AG2021/4513)

INVOCARE AUSTRALIA PTY LIMITED VICTORIAN FUNERAL OPERATIONS ENTERPRISE AGREEMENT 2020

Funeral directing
DEPUTY PRESIDENT YOUNG	BRISBANE, 15 APRIL 2021

Application for approval of the InvoCare Australia Pty Limited Victorian Funeral Operations Enterprise Agreement 2020.

[1] InvoCare Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the InvoCare Australia Pty Limited Victorian Funeral Operations Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I observe that clauses 17.2, 22.1, and 37.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3 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.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 April 2021 and, in accordance with s 54, will operate from 22 April 2021. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

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