Lifeline Tasmania

[2022] FWCA 3117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lifeline Tasmania

(AG2022/3590)

Lifeline Tasmania Employee Enterprise Agreement 2021

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 8 SEPTEMBER 2022

Application for approval of the Lifeline Tasmania Employee Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Lifeline Tasmania Employee Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lifeline Tasmania (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 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 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 15 September 2022. The nominal expiry date of the Agreement is 14 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Lifeline Tasmania Employee Enterprise Agreement 2021. The application was brought before the Fair Work Commission by the Fair Work Ombudsman, who sought to ensure that the agreement complied with the relevant legislative requirements under the Fair Work Act 2009. The dispute centred on the terms of the agreement, specifically regarding the classification and remuneration of employees within Lifeline Tasmania.

The central legal issues before the court were whether the agreement met the necessary statutory standards and whether it was fair and reasonable in accordance with the provisions of the Fair Work Act. This involved scrutinising the agreement's provisions to determine if they were consistent with the principles of fairness and reasonableness and if they provided adequate protections and entitlements to the employees.

The Fair Work Commission carefully examined the agreement, taking into account the specific circumstances and needs of the employees within Lifeline Tasmania. The Commission found that the agreement generally adhered to the statutory requirements and was fair and reasonable. The analysis focused on ensuring that the classification of roles and the associated remuneration were just and equitable, and that the agreement did not contravene any provisions of the Act. Ultimately, the Commission approved the agreement, acknowledging its compliance with the necessary legislative standards.

The final orders of the Fair Work Commission confirmed the approval of the Lifeline Tasmania Employee Enterprise Agreement 2021, subject to the terms and conditions specified in the agreement. This decision was based on the Commission's determination that the agreement was fair and reasonable and met all statutory requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established