The Trustee For Lifehouse Australia Trust

[2022] FWCA 3264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For Lifehouse Australia Trust

(AG2022/3771)

Lifehouse Medical Physicists Agreement 2022

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 SEPTEMBER 2022

Application for approval of the Lifehouse Medical Physicists Agreement 2022

An application has been made for approval of an enterprise agreement known as the Lifehouse Medical Physicists Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 September 2022. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the proceedings were the Trustee for Lifehouse Australia Trust, acting on behalf of Lifehouse, and the Australian Medical Association (Victorian Branch). The dispute concerned the approval of a new enterprise agreement, specifically the Lifehouse Medical Physicists Agreement 2022. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved.

The legal issues that the FWC needed to address included whether the agreement met the formal requirements for being a registered enterprise agreement, whether it complied with the good faith bargaining requirements, and if it was in the best interests of the employees. The FWC also needed to consider whether the agreement was compliant with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The FWC found that the agreement met all formal requirements and was the product of good faith bargaining. It was determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms, including appropriate remuneration and conditions. The FWC concluded that the agreement was compliant with all relevant legislation and approved it accordingly. The final orders included the registration of the Lifehouse Medical Physicists Agreement 2022 as a registered enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established