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

[2023] FWCA 3085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/3184)

LIFEHOUSE NURSES AGREEMENT 2022

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 SEPTEMBER 2023

Application for approval of the Lifehouse Nurses Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Lifehouse Nurses Agreement 2022 (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 as the trustee for Lifehouse Australia Trust T/A Lifehouse Australia. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 2 March 2022, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 28 August 2023 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Lifehouse Australia, acting as the trustee for the Lifehouse Australia Trust, which operates under the name Lifehouse Australia. The primary issue was the application for the approval of the Lifehouse Nurses Agreement 2022. This agreement sought to establish terms and conditions for the employment of nurses within the organisation. The application was considered under the Fair Work Act 2009, aiming to ensure that the proposed agreement would meet the necessary standards for approval.

The legal issues before the court included whether the proposed agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations 2009. This involved scrutinising various aspects of the agreement, including the definition of employees covered by the agreement, the provisions regarding wages, hours of work, leave entitlements, and other employment conditions. The court needed to determine if the agreement provided a safety net of minimum entitlements and facilitated efficient bargaining by avoiding unnecessary complexity.

The court examined the application with a focus on whether the proposed agreement would provide a fair and effective safety net of minimum terms and conditions. It considered the comprehensiveness of the agreement, the clarity of its provisions, and whether it adequately addressed the needs of the employees it covered. Ultimately, the court found that the agreement was fair and met the necessary criteria for approval under the Fair Work Act. It provided a safety net of minimum entitlements and facilitated efficient bargaining, thus warranting approval.

Consequently, the court granted the application for approval of the Lifehouse Nurses Agreement 2022. The agreement was deemed to comply with the requirements of the Fair Work Act and the Fair Work Regulations 2009, ensuring that it would provide a fair and effective safety net of minimum terms and conditions for the employees involved.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established