DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lifehouse Australia as the trustee for Lifehouse Australia Trust T/A Lifehouse Australia
(AG2017/1036)

LIFEHOUSE HEALTH PROFESSIONALS AND SUPPORT SERVICES AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 28 APRIL 2017

Application for approval of the Lifehouse Health Professionals and Support Services 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 Health Professionals and Support Services 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.

[1] 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.

[2] 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, as trustee for Lifehouse Australia Trust, sought approval of the Lifehouse Health Professionals and Support Services Agreement 2017. The application was brought before the court to decide whether the agreement met the necessary legal standards and protections for both parties involved. The dispute centred around the terms of the agreement, which aimed to outline the professional services to be provided by health professionals under Lifehouse Australia's auspices.

The court was tasked with determining if the agreement provided adequate protections for the health professionals against unfair terms and whether it complied with the Australian Consumer Law. This included assessing whether the agreement was fair, just, and reasonable in the context of the services provided and received, as well as ensuring that the agreement did not contravene any statutory protections. The court also needed to consider whether the agreement sufficiently balanced the interests of both Lifehouse Australia and the health professionals.

In its reasoning, the court examined the specific terms of the agreement, focusing on those that could potentially be considered unfair under the Australian Consumer Law. The court found that while the agreement generally provided a fair framework for the services, certain terms required clarification to ensure they did not unduly favour Lifehouse Australia. The court made amendments to those terms to ensure they met the necessary legal standards and were fair, just, and reasonable. Consequently, the court granted approval of the agreement with the specified modifications, ensuring that both parties' interests were adequately protected under the law.

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