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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the Trustee for Lifehouse Australia Trust T/A Lifehouse Australia applied for approval of the Lifehouse Nurses Agreement 2019. The agreement was between the applicant, which operates a number of aged care facilities, and the Australian Nursing and Midwifery Federation, which represents the nurses working in those facilities. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009, as a certified agreement. The legal issues before the court were whether the agreement was a genuine agreement and whether it complied with the requirements of the Act, including the provisions for employee representation and the incorporation of modern awards.

The court examined the process by which the agreement had been negotiated and concluded that it was a genuine agreement. The court found that the negotiation process was robust and that both parties had genuinely attempted to reach an agreement. The court also considered the content of the agreement and found that it complied with the requirements of the Act, including the provisions for employee representation and the incorporation of modern awards. The court was satisfied that the agreement provided for a fair and reasonable system of employee representation and that it incorporated all the terms and conditions of employment set out in the relevant modern award.

Having found that the agreement was a genuine agreement and complied with the requirements of the Act, the court approved the agreement under section 234 of the Fair Work Act 2009. The court's order approved the Lifehouse Nurses Agreement 2019 as a certified agreement and set out the effective date of the agreement. The court also made orders in relation to the registration of the agreement and the publication of details of the agreement. The orders made by the court provide certainty for both the applicant and the employees covered by the agreement and ensure that the agreement is able to operate effectively.

The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established