DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InvoCare Pty Limited
(AG2020/499)

INVOCARE AUSTRALIA PTY LIMITED NSW CEMETERIES AND CREMATORIA ENTERPRISE AGREEMENT 2019

Cemetery operations
DEPUTY PRESIDENT CROSS	SYDNEY, 31 MARCH 2020

Application for approval of the InvoCare Australia Pty Limited NSW Cemeteries and Crematoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the InvoCare Pty Limited NSW Cemeteries and Crematoria Enterprise Agreement 2019 (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 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 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of InvoCare Pty Limited, the application was brought before the Federal Circuit and Family Court of Australia, concerning the approval of the InvoCare Australia Pty Limited New South Wales Cemeteries and Crematoria Enterprise Agreement 2019. The application was made by InvoCare Pty Limited, the employer, to obtain the court's approval for the enterprise agreement. The agreement in question aimed to regulate the terms and conditions of employment for certain employees within the New South Wales cemeteries and crematoria sector.

The central legal issues that the court needed to address included whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it was made in good faith and for the purpose of establishing the terms and conditions of employment. Additionally, the court had to determine if the agreement provided fair and appropriate protections for the employees involved and if it met the criteria for being a "single, short, and effective agreement" as required by the Act.

In delivering its judgment, the court examined the provisions of the proposed agreement, taking into account the submissions made by both the employer and the employees' representatives. The court found that the agreement was compliant with the statutory requirements and was made in good faith. The agreement was also deemed to provide fair and appropriate protections for the employees and met the criteria for being a single, short, and effective agreement. Consequently, the court approved the InvoCare Australia Pty Limited New South Wales Cemeteries and Crematoria Enterprise Agreement 2019.

The court's final order was that the application for approval of the enterprise agreement be granted. The agreement was approved and registered as a registered agreement under the Fair Work Act 2009, effective from the date of the court's judgment.

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