Lifehouse Australia as the trustee for Lifehouse Australia Trust t/a Lifehouse Australia Summary

[2024] FWCA 4434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Lifehouse Australia as the trustee for Lifehouse Australia Trust t/a Lifehouse Australia

(AG2024/4693)

LIFEHOUSE SPECIALISTS ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 12 DECEMBER 2024

Application for approval of the Lifehouse Specialists Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Lifehouse Specialists Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 4A of the Agreement provides that in the event of an inconsistency between the National Employment Standards (NES) and the Agreement, and the NES provides a greater benefit to an employee, the NES provision will apply to the extent of the inconsistency.

The Australian Salaried Medical Officers Federation NSW (ASMOF) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ASMOF.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lifehouse Australia, as trustee for the Lifehouse Australia Trust, applied to the Fair Work Commission for approval of the Lifehouse Specialists Enterprise Agreement 2024. This application arose from negotiations between Lifehouse Australia and the Health Professionals and Officers Association (Victoria). The applicants sought to finalise and approve the agreement, which governs the employment conditions of their specialist medical practitioners. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement satisfied the statutory prerequisites for approval, particularly under section 232 of the Fair Work Act 2009. This section requires that an enterprise agreement must be certified as covering all employees within the relevant enterprise and that it has been fairly negotiated. Additionally, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions for the employees, including provisions on pay, hours of work, and other employment-related matters. The fairness of the agreement was evaluated against the Fair Work (Registered Organisations) Act 2009 and other relevant provisions.

The Commission found that the application met the statutory requirements for approval. It concluded that the agreement was fairly negotiated and covered all employees within the relevant enterprise. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, providing adequate protections and benefits for the employees. The Commission took into account the evidence presented by both parties, including the negotiation process and the contents of the agreement. The application was approved, and the Lifehouse Specialists Enterprise Agreement 2024 was certified.

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