Lifehouse at RPA as trustee for Lifehouse at RPA Trust

[2013] FWCA 7006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lifehouse at RPA as trustee for Lifehouse at RPA Trust
(AG2013/2666)

LIFEHOUSE MEDICAL PHYSICISTS GREENFIELDS AGREEMENT 2013

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

Application for approval of the Lifehouse Medical Physicists Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Medical Physicists 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 Health Services Union of Australia 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

In the case of Lifehouse at RPA as trustee for Lifehouse at RPA Trust, the applicants sought approval for the Lifehouse Medical Physicists Greenfields Agreement 2013. This agreement was intended to govern the employment terms of medical physicists within the Lifehouse at RPA organisation. The dispute was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the terms and conditions outlined in the proposed agreement were fair and reasonable, in accordance with the Fair Work Act 2009. The court needed to determine if the agreement met the statutory requirements for being a registered agreement, including the process by which it was made and the extent to which it provided for fair and reasonable terms and conditions of employment. The applicants argued that the agreement was fair and reasonable, while no objections were raised by other parties.

The court assessed the process by which the agreement was made, noting that it was negotiated between the employer and the employees' representatives in good faith and without coercion. The court also examined the substantive terms of the agreement to ensure they were fair and reasonable. It found that the agreement provided for appropriate safeguards for employees, including provisions for annual leave, overtime, and other employment conditions that aligned with industry standards. The court concluded that the agreement met the statutory requirements for a registered agreement, and thus approved the application.

The final orders included the approval of the Lifehouse Medical Physicists Greenfields Agreement 2013 as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would govern the employment terms of the medical physicists within the organisation, effective from the date of the court's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established