Application for approval of the InvoCare Australia Pty Limited ACT Funerals Industry Enterprise Agreement 2025

[1] InvoCare Australia Pty Limited has applied for approval of a single enterprise agreement known as the InvoCare Australia Pty Limited ACT Funerals Industry Enterprise Agreement 2025 ("Agreement"). The application is made under section 185 of the Fair Work Act 2009 ("Act").

[2] InvoCare has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The Commission sought the views of the Australian Workers' Union ("AWU"), which was a bargaining representative for the Agreement, in respect of the undertaking. Pursuant to section 190(3) of the Act, I accept the undertaking. It is taken to be a term of the Agreement.

[3] The model flexibility term in Schedule 1 of the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[4] Clause 27A (Workplace Delegates' Rights) of the Funeral Industry Award 2020 is taken to be a term of the Agreement.

[5] Having regard to these matters and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

[6] The AWU supports the approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the AWU.

[7] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 17 November 2025. The nominal expiry date of the Agreement is 31 December 2027.

[8] In considering the Agreement, the Commission identified two errors. Clause 1.1 provided the name of the Agreement, but had a lower-case L in place of I in the name "InvoCare". The same error appeared in the definition of "Agreement" in clause 4.1. I formed the provisional view that this was "an obvious error, defect or irregularity" capable of being corrected under section 218A(1) of the Act.

[9] I raised this matter with the parties. InvoCare confirmed that these were errors which were likely to have been caused by converting documents across formats. Neither party raised any objection to me acting on my own volition to vary the Agreement under section 218A(1) to correct the errors. I have determined to proceed accordingly.

[10] I make the following order which takes effect on the date of this decision:

• (1) Clause 1.1 of the Agreement and the definition of "Agreement" in clause 4.1 of the Agreement are amended so as to replace "lnvoCare" with "InvoCare".

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