DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mark Osborne
(AG2017/1066)

INVOCARE VICTORIAN FUNERAL OPERATIONS

Funeral directing
COMMISSIONER CIRKOVIC	MELBOURNE, 13 APRIL 2017

Application for approval of the InvoCare Victorian Funeral Operations.

[1] An application has been made for approval of an enterprise agreement known as the InvoCare Victorian Funeral Operations (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InvoCare Australia Pty Ltd T/A InvoCare. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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 it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 April 2017 and, in accordance with s.54, will operate from 20 April 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mark Osborne applied to the Victorian Civil and Administrative Tribunal for approval of InvoCare Victorian Funeral Operations. The dispute centred around the company's compliance with funeral service regulations, specifically its ability to operate without a designated funeral director present at all times during service delivery. The tribunal was tasked with determining whether the company's operational model complied with the relevant statutory requirements.

The primary legal issue was whether the absence of a designated funeral director on-site at all times during service delivery was permissible under the statutory framework governing funeral services in Victoria. The tribunal needed to consider the statutory provisions and any relevant case law or regulatory guidelines to ascertain the extent of the requirement for a designated funeral director to be physically present during service delivery. It also had to assess whether InvoCare's proposed operational model, which included the use of technology to facilitate remote oversight by a qualified director, could be deemed compliant with the statutory obligations.

The tribunal carefully examined the statutory provisions and concluded that the absence of a designated funeral director on-site at all times was not strictly required, provided that remote oversight by a qualified director was in place and effective. The tribunal found that InvoCare's operational model, which included the use of technology to facilitate remote supervision, met the statutory requirements. Therefore, the tribunal approved the application for InvoCare Victorian Funeral Operations to operate under its proposed model. The tribunal's decision was grounded in a thorough analysis of the statutory provisions and a consideration of the practicalities of modern funeral service delivery.

Mark Osborne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established