DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Enhanced Lifestyles Inc
(AG2015/7428)

ENHANCED LIFESTYLES INC (LIFESTYLE ATTENDANTS) ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 18 JANUARY 2016

Enhanced Lifestyles Inc (Lifestyle Attendants) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Enhanced Lifestyles Inc (Lifestyle Attendants) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Enhanced Lifestyles Inc, the Fair Work Commission (FWC) was called upon to resolve a dispute concerning the interpretation and application of the Enhanced Lifestyles Inc (Lifestyle Attendants) Enterprise Agreement 2015. The dispute arose between Enhanced Lifestyles Inc, an employer in the disability support services sector, and the Australian Workers' Union, representing the interests of lifestyle attendants employed by the company. The primary issue before the FWC was whether the employer was required to provide lifestyle attendants with additional meal breaks under the terms of the Enterprise Agreement.

The legal issues centred on the interpretation of several clauses within the Enterprise Agreement, particularly those pertaining to meal breaks and the conditions under which they must be provided. The union argued that the agreement mandated additional meal breaks for lifestyle attendants, while the employer contended that such breaks were only required under specific circumstances not applicable to the attendants' work. The FWC had to consider the language of the agreement, the context in which it was made, and the broader principles of fair work legislation to determine the correct interpretation of these clauses.

In its decision, the FWC found that the Enterprise Agreement did indeed require the employer to provide additional meal breaks to lifestyle attendants under the specified conditions. The Commission highlighted the importance of interpreting the agreement in a manner that promotes fairness and reasonableness, taking into account the nature of the work performed by the lifestyle attendants. By closely examining the language and context of the relevant clauses, the FWC concluded that the employer's obligations extended to providing the additional meal breaks as claimed by the union. Consequently, the FWC ordered the employer to comply with the terms of the Enterprise Agreement regarding meal breaks for lifestyle attendants.

Enhanced Lifestyles Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established