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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of InvoCare Pty Limited, the Fair Work Commission was asked to consider the application for the approval of the InvoCare Australia Pty Limited Victorian Funeral Operations Enterprise Agreement 2020. The applicants were the employer, InvoCare Pty Limited, and the union, United Voice. The respondent was the Australian Government, Department of Employment and Workplace Relations, represented by the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the requirements of section 231 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the resolution of all genuine issues between the parties, and whether the agreement would be appropriate for the promotion of harmonious, productive and cooperative workplace relations. The Commission also had to consider if the agreement would provide for the fair and reasonable treatment of employees, and if it would promote national minimum terms and conditions of employment.

The Commission found that the agreement met all the requirements for approval. It contained provisions for the resolution of genuine issues between the parties and provided for the promotion of harmonious, productive and cooperative workplace relations. The agreement also provided for the fair and reasonable treatment of employees and promoted national minimum terms and conditions of employment. The Commission approved the agreement and registered it with the Fair Work Commission.

The Fair Work Commission approved the InvoCare Australia Pty Limited Victorian Funeral Operations Enterprise Agreement 2020 and registered it with the Commission.

InvoCare Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established