The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia

[2019] FWCA 4189

[2019] FWCA 4189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia
(AG2019/1071)

LIFEHOUSE NURSES AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 JUNE 2019

Application for approval of the Lifehouse Nurses Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Nurses Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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] I observe that Clauses 27(iii)(c) and 27(iv)(c) of the Agreement state that an employee may elect to access their long service leave entitlement at double pay. These provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting Clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

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Annexure A