DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lifehouse Australia
(AG2015/1793)

LIFEHOUSE NURSES AGREEMENT 2014.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 FEBRUARY 2015

Application for approval of the Lifehouse Nurses Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Nurses 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 New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this 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 6 March 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

The applicant, Lifehouse Australia, sought approval of the Lifehouse Nurses Agreement 2014 under section 234 of the Fair Work Act 2009. The application was contested by the Health Services Union of Australia and the Australian Nursing and Midwifery Federation, who argued that the proposed agreement was not suitable for the certification process due to various reasons, including the inadequacy of the agreement in addressing specific employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as a single interest employer agreement.

The court had to examine if the agreement was genuinely intended to be a single interest employer agreement, whether it was made in good faith, and if it met the specific criteria set out in section 234 of the Fair Work Act 2009. The Commission also considered the nature of the employment conditions and the extent to which the agreement provided for those conditions. The court further assessed whether the agreement provided for minimum terms and conditions of employment and if it was fair and appropriate for the employees it covered.

After evaluating the evidence and submissions, the Fair Work Commission determined that the Lifehouse Nurses Agreement 2014 was appropriate for approval. The Commission found that the agreement was genuinely intended to be a single interest employer agreement and was made in good faith. The court held that the agreement met the criteria for approval, including providing for minimum terms and conditions of employment and being fair and appropriate for the employees it covered. The Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act 2009.

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