DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lifehouse Australia as the trustee for Lifehouse Australia Trust T/A Lifehouse Australia
(AG2017/2795)

LIFEHOUSE SPECIALISTS ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 28 SEPTEMBER 2017

Application for approval of the Lifehouse Specialists Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Specialists Enterprise Agreement 2017 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Salaried Medical Officers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 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, as trustee for the Lifehouse Australia Trust, brought an application before the Fair Work Commission to approve the Lifehouse Specialists Enterprise Agreement 2017. The application concerned the terms and conditions of employment for employees working within the specialist health and disability sectors. The nature of the dispute involved the negotiation and ratification of the proposed enterprise agreement, which aimed to replace an existing agreement and establish new conditions of employment.

The legal issues before the Commission were primarily focused on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement was genuinely negotiated, whether it provided for a proper balance of employee and employer interests, and if it complied with the "better off overall test." Additionally, the Commission had to consider the procedural fairness in the negotiation process and ensure the agreement was not inconsistent with the National Employment Standards.

The Fair Work Commission found that the Lifehouse Specialists Enterprise Agreement 2017 was genuinely negotiated and met the requirements for approval. The Commission determined that the agreement provided a fair balance of interests and was better off overall for the employees, as it included provisions that addressed various aspects of employment conditions, including pay rates, leave entitlements, and working conditions. The Commission also found that the negotiation process was procedurally fair and that the agreement did not contravene any provisions of the National Employment Standards. Consequently, the Commission approved the Lifehouse Specialists Enterprise Agreement 2017, setting new terms and conditions for the employees involved.

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