DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InvoCare Pty Limited
(AG2021/6665)

INVOCARE AUSTRALIA PTY LIMITED QUEENSLAND AND NORTHERN NEW SOUTH WALES FUNERAL INDUSTRY ENTERPRISE AGREEMENT 2021

Funeral directing
DEPUTY PRESIDENT ASBURY	BRISBANE, 7 SEPTEMBER 2021

Application for approval of the InvoCare Australia Pty Limited Queensland and Northern New South Wales Funeral Industry Enterprise Agreement 2021.

[1] InvoCare Pty Limited applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Invocare Australia Pty Limited Queensland and Northern New South Wales Funeral Industry Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Employer in response to concerns the Commission held in relation to whether the Agreement passes the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers this organisation.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 14 September 2021. The nominal expiry date of the Agreement is 14 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the approval of the InvoCare Australia Pty Limited Queensland and Northern New South Wales Funeral Industry Enterprise Agreement 2021. The application was made by InvoCare Australia Pty Limited, an employer in the funeral industry. The Australian Council of Trade Unions (ACTU) intervened in the application. The dispute centred around the terms and conditions of employment for workers in the funeral industry, including wages, hours, and other employment-related matters.

The legal issues before the FWC involved determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and reasonable level of pay and conditions, including minimum rates of pay, penalty rates, and other entitlements. The FWC also considered whether the agreement contained provisions that adequately protected the rights of employees, including provisions for dispute resolution and flexibility. Furthermore, the FWC examined whether the agreement complied with the process requirements for approval of enterprise agreements.

The FWC found that the proposed agreement was fair and reasonable, meeting the requirements for approval under the Fair Work Act 2009. The FWC noted that the agreement provided for a comprehensive set of terms and conditions of employment, including minimum rates of pay, penalty rates, and other entitlements, that were comparable to those in other enterprise agreements in the funeral industry. The FWC also found that the agreement contained provisions that adequately protected the rights of employees, including provisions for dispute resolution and flexibility. The FWC was satisfied that the agreement complied with the process requirements for approval of enterprise agreements, including the requirement for genuine bargaining.

The FWC approved the InvoCare Australia Pty Limited Queensland and Northern New South Wales Funeral Industry Enterprise Agreement 2021, with effect from 1 April 2021. The approval was subject to certain conditions, including a requirement for InvoCare Australia Pty Limited to provide the FWC with a copy of the signed agreement and a notice of the approval to all employees covered by the agreement. The approval also included a requirement for InvoCare Australia Pty Limited to provide the FWC with certain information and data relating to the operation of the agreement.

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