Lifehouse at RPA as trustee for Lifehouse at RPA Trust

[2013] FWCA 7007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lifehouse at RPA as trustee for Lifehouse at RPA Trust
(AG2013/2528)

LIFEHOUSE STAFF SPECIALISTS GREENFIELDS AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 13 SEPTEMBER 2013

Application for approval of the Lifehouse Staff Specialists Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Staff Specialists Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lifehouse at RPA as trustee for Lifehouse at RPA Trust. The agreement is a single enterprise agreement made as referred to in s.172(2)(b) of the Act (a greenfields agreement).

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.172, 186 and 187 of the Act as are relevant to this application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Salaried Medical Officers’ Federation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2013. The nominal expiry date of the Agreement is 30 September 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lifehouse at RPA as trustee for the Lifehouse at RPA Trust, an organisation involved in aged care services, sought approval of the Lifehouse Staff Specialists Greenfields Agreement 2013 from the Fair Work Commission. The dispute centered around whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009. The agreement was intended to regulate the employment terms of specialist medical practitioners working in the aged care sector.

The court was required to determine if the agreement met the requirements for approval as a safety net agreement, specifically whether it provided no less than the national safety net award and did not adversely affect employees' rights to terminate employment or make claims for unfair dismissal. The court also needed to consider whether the agreement was consistent with the principles of the Fair Work Act and if it promoted productivity, economic efficiency, and industrial peace.

In its decision, the Fair Work Commission found that the agreement met the criteria for approval. The commission noted that the agreement provided terms and conditions that were at least equal to those set out in the relevant award, ensuring that employees were not disadvantaged. The court was satisfied that the agreement did not adversely affect employees' rights to terminate employment or make claims for unfair dismissal. Furthermore, the commission found that the agreement promoted productivity, economic efficiency, and industrial peace by addressing specific needs of specialist medical practitioners in the aged care sector. The court approved the agreement, finding it to be consistent with the overarching principles of the Fair Work Act.

As a result of the court's decision, the Lifehouse Staff Specialists Greenfields Agreement 2013 was approved and will serve as a safety net agreement for specialist medical practitioners employed by Lifehouse at RPA. This approval ensures that these employees receive fair and reasonable terms and conditions of employment, while also promoting the broader objectives of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established