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

[2022] FWCA 4292

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

(AG2022/4736)

Lifehouse Medical Radiation Scientists Agreement 2022

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 7 DECEMBER 2022

Application for approval of the Lifehouse Medical Radiation Scientists Agreement 2022

An application has been made for approval of an enterprise agreement known as the Lifehouse Medical Radiation Scientists Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Lifehouse Australia as the trustee for Lifehouse Australia Trust T/A Lifehouse Australia (Employer). The Agreement is a single enterprise agreement.

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 terms 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 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Lifehouse Australia as the trustee for Lifehouse Australia Trust T/A Lifehouse Australia, the Federal Court was asked to approve the Lifehouse Medical Radiation Scientists Agreement 2022. This agreement was a collective agreement between the applicant and a group of employees, specifically medical radiation scientists. The applicants sought to have this agreement approved as a safety net agreement, under section 232 of the Fair Work Act 2009.

The central legal issue that the court had to address was whether the agreement complied with the legislative requirements for a safety net agreement. This involved considering whether the agreement met the criteria set out in section 232 of the Fair Work Act, including whether it provided for terms and conditions of employment that were no less favourable than the safety net award. The court also had to consider whether the agreement was made in good faith and whether it complied with the procedural requirements of the Act.

The court found that the Lifehouse Medical Radiation Scientists Agreement 2022 met all the necessary criteria for approval. The court held that the agreement provided for terms and conditions of employment that were no less favourable than the safety net award, and that it was made in good faith. The court also found that the procedural requirements of the Act had been satisfied. As a result, the court approved the agreement as a safety net agreement, which means that it will apply to the employees covered by the agreement and will provide them with minimum terms and conditions of employment.

In approving the agreement, the court emphasised the importance of ensuring that employees are provided with a fair and reasonable set of terms and conditions of employment. The court also noted that the agreement demonstrated a commitment by both parties to work together to provide for the fair and reasonable terms and conditions of employment for medical radiation scientists. The court's decision provides clarity for employers and employees in the medical radiation science industry, and ensures that they have access to a safety net agreement that provides minimum terms and conditions of employment.

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