DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InvoCare Pty Limited
(AG2020/1375)

INVOCARE AUSTRALIA PTY LIMITED TASMANIAN FUNERAL OPERATIONS ENTERPRISE AGREEMENT 2019

Funeral directing
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MAY 2020

Application for approval of the InvoCare Australia Pty Limited Tasmanian Funeral Operations Enterprise Agreement 2019

[1] InvoCare Pty Limited has made an application for approval of an enterprise agreement known as the Invocare Australia Pty Limited Tasmanian Funeral Operations Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 29 May 2020 and, in accordance with s 54, will operate from 5 June 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

InvoCare Pty Limited was the applicant seeking approval of the InvoCare Australia Pty Limited Tasmanian Funeral Operations Enterprise Agreement 2019. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The applicant sought approval for the agreement, which had been negotiated between the employer and the employees, to ensure compliance with the legislative framework governing industrial relations in Australia.

The legal issues before the Commission centred on whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained the necessary minimum terms and conditions, was free from prohibited content, and had been made in good faith. Additionally, the Commission needed to consider whether the agreement was likely to result in improved terms and conditions of employment for the employees involved. The applicant argued that the agreement was fair and reasonable, and that it met all statutory requirements for approval.

The Commission found that the agreement met the necessary criteria for approval. It contained the required minimum terms and conditions and was free from any prohibited content. The Commission was satisfied that the agreement had been made in good faith and was likely to result in improved terms and conditions for the employees. The evidence presented demonstrated that the agreement was fair and reasonable, taking into account the specific circumstances of the parties and the nature of their employment. Consequently, the Commission approved the agreement under the Fair Work Act.

The Fair Work Commission approved the InvoCare Australia Pty Limited Tasmanian Funeral Operations Enterprise Agreement 2019. The approval was based on the finding that the agreement met all statutory requirements, was fair and reasonable, and was likely to result in improved terms and conditions for the employees. The decision ensured that the agreement was in compliance with the legislative framework governing industrial relations in Australia.

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