Lifehouse at RPA as trustee for Lifehouse at RPA Trust

[2013] FWCA 7004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lifehouse at RPA as trustee for Lifehouse at RPA Trust
(AG2013/2630)

LIFEHOUSE HEALTH PROFESSIONALS AND SUPPORT SERVICES GREENFIELDS AGREEMENT 2013

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

Application for approval of the Lifehouse Health Professionals and Support Services Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Health Professionals and Support Services 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

The case involves Lifehouse at RPA as trustee for the Lifehouse at RPA Trust, who sought approval for the Lifehouse Health Professionals and Support Services Greenfields Agreement 2013. The dispute was heard in the Fair Work Commission, which is Australia's workplace relations tribunal. The central issue before the Commission was whether the agreement, which was intended to govern the employment conditions of certain health professionals and support services, complied with the requirements of the Fair Work Act 2009.

The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was consistent with the principles of the Act. This included assessing whether the agreement met the standards for minimum wages and conditions, provided for appropriate mechanisms for dispute resolution, and was made in good faith. The Commission also had to consider if the agreement was in the best interests of the employees and if it was made without coercion.

The Fair Work Commission found that the Lifehouse Health Professionals and Support Services Greenfields Agreement 2013 met the statutory requirements and was in compliance with the Fair Work Act 2009. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it was made in good faith without any coercion. The agreement was also deemed to be in the best interests of the employees, as it provided for adequate protections and benefits.

As a result, the Commission approved the Lifehouse Health Professionals and Support Services Greenfields Agreement 2013, allowing it to come into effect and govern the employment conditions of the relevant employees. The decision was based on the Commission's finding that the agreement met all the necessary statutory requirements and was consistent with the principles of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established