DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InvoCare Pty Limited
(AG2020/642)

INVOCARE QLD CEMETERIES AND CREMATORIA ENTERPRISE AGREEMENT 2020

Cemetery operations
COMMISSIONER SIMPSON	BRISBANE, 28 APRIL 2020

Application for approval of the InvoCare Qld Cemeteries and Crematoria Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the InvoCare Qld Cemeteries and Crematoria Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InvoCare Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, InvoCare Pty Limited, sought approval of the InvoCare Queensland Cemeteries and Crematoria Enterprise Agreement 2020. The application was brought in the Fair Work Commission, which has the power to approve enterprise agreements under the Fair Work Act 2009. The applicant sought to have the agreement approved under the "no disadvantage test", which requires that the agreement does not provide worse conditions than the relevant award or safety net.

The primary legal issue before the Commission was whether the terms of the proposed agreement provided for employees who were covered by the agreement to be worse off than they would be if they were covered by the relevant award. The Commission considered the various terms of the agreement and compared them to the corresponding terms in the relevant award. The applicant argued that the agreement did not result in any employee being worse off and that the agreement was beneficial to some employees. The Commission noted that the agreement provided for an increase in wages for some employees and improvements to other conditions.

After considering the evidence and submissions, the Commission found that the agreement did not result in any employee being worse off and was therefore approved. The Commission considered that the agreement provided for an overall improvement in conditions for employees and was in the best interests of the employees who would be covered by the agreement. The Commission noted that the agreement provided for a fair and reasonable balance of rights and obligations for both the applicant and the employees.

The Fair Work Commission approved the InvoCare Queensland Cemeteries and Crematoria Enterprise Agreement 2020 under section 231 of the Fair Work Act 2009. The agreement was approved on the basis that it did not result in any employee being worse off and provided for an overall improvement in conditions for employees.

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