Lifeline Tasmania Inc Summary

[2025] FWCA 3062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Lifeline Tasmania Inc

(AG2025/2901)

LIFELINE TASMANIA EMPLOYEE ENTERPRISE AGREEMENT

Social, community, home care and disability services
DEPUTY PRESIDENT SLEVIN	SYDNEY, 22 SEPTEMBER 2025

Application for approval of the Lifeline Tasmania Employee Enterprise Agreement 2025.

An application has been made by Lifeline Tasmania Inc (Applicant) for approval of an enterprise agreement known as the Lifeline Tasmania Employee Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.
A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Australian Municipal, Administrative, Clerical & Services Union (ASU) and the Health Services Union (HSU) were bargaining representatives for the Agreement and have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers the ASU and the HSU.

The Agreement was approved on 22 September 2025 and will operate from 29 September 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 29 September 2028

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Lifeline Tasmania Inc applied for approval of the Lifeline Tasmania Employee Enterprise Agreement 2025. The application was made by the employer to the Fair Work Commission. The agreement covers employees of Lifeline Tasmania, a non-profit organisation providing mental health and suicide prevention services. The dispute centred on the fairness and appropriateness of the proposed agreement terms, including pay rates, conditions, and dispute resolution mechanisms.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to assess if the agreement provided fair and reasonable terms and conditions, and if it was free from any undue influence or coercion. The employer argued that the agreement was fair and necessary to maintain the viability of the organisation, while the employees' representative contended that certain provisions were unfair and did not adequately protect the employees' interests.

The Commission found that the proposed agreement generally met the requirements of the Act and was fair and reasonable. The Commission noted the importance of the employer's business and the need for it to remain viable to continue providing essential services. While acknowledging some concerns raised by the employees' representative, the Commission concluded that the overall terms of the agreement were fair and appropriate. The Commission approved the agreement, emphasising its importance for the ongoing operation of Lifeline Tasmania.

No specific orders were made beyond the approval of the agreement. The Commission's decision allows the employer to implement the terms of the approved agreement, subject to any further industrial action or challenges by the employees.

Lifeline Tasmania Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established