DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lifehouse Australia as the trustee for Lifehouse Australia Trust T/A Lifehouse
(AG2017/1037)

LIFEHOUSE MEDICAL RADIATION SCIENTISTS AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 28 APRIL 2017

Application for approval of the Lifehouse Medical Radiation Scientists Agreement 2017.

[1] On 28 March 2017 Lifehouse Australia as the trustee for Lifehouse Australia Trust T/A Lifehouse Australia (Applicant) made an application for approval of the Lifehouse Medical Radiation Scientists Agreement 2017. (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Health Services Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 5 May 2017. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lifehouse Australia, acting as the trustee for the Lifehouse Australia Trust, applied to the Fair Work Commission for approval of the Lifehouse Medical Radiation Scientists Agreement 2017. The applicants sought to have the agreement, which sets out the terms and conditions of employment for medical radiation scientists within Lifehouse, approved as an enterprise agreement under the Fair Work Act 2009. The nature of the dispute was primarily procedural, focusing on whether the agreement met the necessary legal standards for approval and whether the required processes were followed.

The primary legal issues the court had to address were whether the agreement had been made in accordance with the Fair Work Act, including whether there was genuine bargaining between the parties and whether the agreement had been properly certified. Additionally, the court had to consider whether the agreement met the "better off overall test" as required by the Act, ensuring that the employees were not disadvantaged by the terms of the agreement.

The court examined the processes and evidence provided to determine that the agreement was indeed made through genuine bargaining and was certified correctly. The court found that the agreement satisfied the "better off overall test," as it did not place employees in a worse position than they would have been under the previous terms of employment. The court also reviewed the procedural fairness of the agreement-making process, confirming that all necessary steps were followed. Based on these findings, the court approved the agreement, affirming its compliance with the statutory requirements.

As a result of the court's decision, the Lifehouse Medical Radiation Scientists Agreement 2017 was approved as an enterprise agreement under the Fair Work Act. The approval ensures that the terms of the agreement will govern the employment conditions of medical radiation scientists within Lifehouse, provided it is registered with the Fair Work Commission.

Lifehouse Australia as the trustee for Lifehouse Australia Trust T/A Lifehouse

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established