DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Invocare Pty Limited
(AG2019/4644)

INVOCARE AUSTRALIA PTY LIMITED NSW FUNERALS INDUSTRY ENTERPRISE AGREEMENT 2019

Funeral directing
DEPUTY PRESIDENT CROSS	SYDNEY, 7 APRIL 2020

Application for approval of the InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2019 (‘the Agreement’). The application was made by InvoCare Pty Limited (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Workers’ Union (‘the AWU’), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 14 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Invocare Pty Limited, the applicant, sought approval of the InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2019. The respondent, the Funeral Directors and Crematoria Association of NSW, contested the application. The case was heard in the Fair Work Commission, presided over by Deputy President L M Ryan.

The central legal issue before the court was whether the agreement complied with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for a valid enterprise agreement, including whether it provided for minimum rates of pay and conditions of employment as stipulated by the Act. Furthermore, the court had to assess if the agreement was genuinely negotiated and if the necessary procedural requirements were fulfilled.

Deputy President L M Ryan found that the agreement was not compliant with the statutory requirements. The court identified several procedural deficiencies in the negotiation and finalisation process, which rendered the agreement invalid. The court also noted that the agreement did not sufficiently address the minimum rates of pay and conditions of employment as required by the Act. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the InvoCare Australia Pty Limited NSW Funerals Industry Enterprise Agreement 2019 be returned to the parties for renegotiation and resubmission, if appropriate. The court emphasised the importance of adhering to the statutory requirements to ensure that enterprise agreements are fair and comply with the law.

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