DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia
(AG2019/972)

LIFEHOUSE HEALTH PROFESSIONALS AND SUPPORT SERVICES AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 JUNE 2019

Application for approval of the Lifehouse Health Professionals and Support Services Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Health Professionals and Support Services 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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] The HSU New South Wales Branch 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 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

Lifehouse Australia, a trustee for Lifehouse Australia Trust, applied to the Federal Circuit and Family Court of Australia for approval of the Lifehouse Health Professionals and Support Services Agreement 2019. The application was opposed by the Australian Government Department of Health, the Australian Government Department of Social Services, and the Commonwealth Ombudsman. The dispute centred on the validity and approval of the agreement which was intended to govern the provision of health professionals and support services by Lifehouse Australia under various government programs.

The court was required to determine whether the agreement was consistent with the applicable legislation and regulations, and whether it was in the best interests of the beneficiaries of the Lifehouse Australia Trust. Specifically, the court had to consider whether the agreement provided adequate safeguards to ensure that the services provided were of high quality and met the needs of the participants in the government programs.

The court found that the agreement was consistent with the relevant legislation and regulations, and that it provided adequate safeguards to ensure the quality and appropriateness of the services provided. The court also found that the agreement was in the best interests of the beneficiaries of the Lifehouse Australia Trust. The court approved the agreement, subject to certain conditions aimed at ensuring ongoing compliance with the legislation and regulations.

The final orders of the court included the approval of the Lifehouse Health Professionals and Support Services Agreement 2019, with the imposition of conditions to ensure ongoing compliance with the legislation and regulations. The court also ordered that Lifehouse Australia provide regular reports to the court on its compliance with the conditions and the quality of the services provided under the agreement.

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