Lifeline Tasmania Incorporated Summary

[2016] FWCA 846

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lifeline Tasmania Incorporated t/a Lifeline Tasmania

(AG2015/7742)

LIFELINE TASMANIA EMPLOYEE ENTERPRISE AGREEMENT 2015

Tasmania

COMMISSIONER LEE

MELBOURNE, 9 FEBRUARY 2016

Application for approval of the Lifeline Tasmania Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Lifeline Tasmania Employee Enterprise Agreement 2015 (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 Incorporated t/a Lifeline Tasmania. The Agreement is a single enterprise

agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.
[2016] FWCA 846

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

16 February 2016. The nominal expiry date of the Agreement is 8 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 846

Annexure A

[2016] FWCA 846

CaseChat Overview and Summary

Lifeline Tasmania Incorporated sought approval of the Lifeline Tasmania Employee Enterprise Agreement 2015, pursuant to section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement between the employer and the Health Services Union of Australia, representing employees of Lifeline Tasmania. The application was made by Lifeline Tasmania Incorporated, trading as Lifeline Tasmania, and the agreement was submitted for approval on the basis of written undertakings provided by the applicant. The key legal issue before the court was whether the agreement met the statutory requirements for approval, particularly whether it complied with sections 186, 187, 188, and 190 of the Fair Work Act 2009. The court was also required to consider whether the agreement would cause financial detriment to employees and whether it would result in substantial changes. The court examined the written undertakings and found them satisfactory, ensuring no financial detriment would be caused to employees and that no substantial changes would result from the agreement. The court also noted that the model flexibility term prescribed by the Fair Work Regulations 2009 was incorporated into the agreement. Given that the Health Services Union of Australia, a bargaining representative for the agreement, had given notice under section 183 of the Act that it wanted the agreement to cover its members, the court approved the agreement. The agreement was approved and, in accordance with section 54 of the Act, it will operate from 16 February 2016 with a nominal expiry date of 8 February 2020.

Lifeline Tasmania Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established