DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lifehouse Australia
(AG2015/4806)

LIFEHOUSE HEALTH PROFESSIONALS AND SUPPORT SERVICES AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 SEPTEMBER 2015

Application for approval of the Lifehouse Health Professionals and Support Services Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Health Professionals and Support Services Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lifehouse Australia. The agreement is a single-enterprise agreement.

[2] The Health Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 17 September 2015. The nominal expiry date of the Agreement is 31 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Lifehouse Australia, a provider of disability support services, sought approval for the Lifehouse Health Professionals and Support Services Agreement 2014. The Australian Health Service Employees' Union was the applicant union for the agreement, which was intended to govern the employment conditions of health professionals and support staff employed by Lifehouse. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the fair and reasonable terms and conditions of employment, and if it adhered to the statutory framework outlined in the Fair Work Act. Specifically, the Commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees and whether it met the minimum standards set by the Act.

The Commission found that the agreement generally provided for fair and reasonable terms and conditions of employment. It considered the nature of the work, the level of skill and responsibility involved, and the bargaining power of the parties. The Commission also noted that the agreement provided protections that were at least as good as, if not better than, the applicable awards and the national minimum standards. While there were some concerns about the flexibility provisions and the impact on employees' work-life balance, the Commission concluded that these issues did not outweigh the overall benefits of the agreement.

As a result, the Commission approved the Lifehouse Health Professionals and Support Services Agreement 2014, subject to certain minor amendments to address the identified concerns. The approved agreement will now apply to the relevant employees of Lifehouse, providing a framework for their employment terms and conditions.

Lifehouse Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established