DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lyndoch Living Inc
(AG2015/4555)

LYNDOCH LIVING HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 27 AUGUST 2015

Application for approval of the Lyndoch Living Health Professionals Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Lyndoch Living Health Professionals Enterprise Agreement 2013 – 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Victorian Hospitals Industrial Association as appointed bargaining representatives of Lyndoch Living. The agreement is a single-enterprise agreement.

[2] Pursuant to s.190 of the Act, Lyndoch Living has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Lyndoch Living Inc involved the application for the approval of the Lyndoch Living Health Professionals Enterprise Agreement 2013-2016. The applicant, Lyndoch Living Inc, sought approval from the Fair Work Commission for the proposed agreement, which was intended to regulate the terms and conditions of employment for health professionals within the organisation. The matter was heard in the Fair Work Commission of Australia, which is responsible for overseeing the approval of enterprise agreements.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was fair and appropriate for the employees it covered, whether it was made in good faith, and if it adhered to the procedural requirements set out in the legislation. Additionally, the court had to assess if the agreement met the criteria for approval under section 232 of the Act.

The court examined the evidence presented by both parties, including the terms of the proposed agreement, submissions from the applicant and any relevant stakeholders, and the process by which the agreement was made. The court considered the fairness of the agreement, taking into account factors such as the bargaining power of the parties, the nature of the employment relationship, and the overall impact of the agreement on the employees. The court also assessed the procedural fairness of the process by which the agreement was negotiated and agreed upon. Ultimately, the court found that the proposed enterprise agreement was fair and appropriate, and that it complied with the requirements of the Fair Work Act. The court approved the agreement, enabling it to be implemented and binding on the parties.

The court's decision resulted in the approval of the Lyndoch Living Health Professionals Enterprise Agreement 2013-2016. The agreement now governs the terms and conditions of employment for the relevant health professionals within the organisation, providing a framework for their working relationship with Lyndoch Living Inc. The approval of the agreement ensures that the rights and obligations of both the employer and employees are clearly defined, and that the agreement is in line with the principles of fairness and good faith as required by the Fair Work Act.

Lyndoch Living Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established