DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia
(AG2019/960)

LIFEHOUSE MEDICAL PHYSICISTS AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 MAY 2019

Application for approval of the Lifehouse Medical Physicists Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Medical Physicists 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 Agreement lodged as part of the application for approval contained an error in clause 21.1. On 24 May 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error in clause 21.1. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

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

[6] 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.

[7] The HSU NSW 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 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

The parties involved in this matter were Lifehouse Australia Trust, represented by its trustee, and the Health Services Union of Australia. The dispute centred around the application for approval of the Lifehouse Medical Physicists Agreement 2019. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal. The Union challenged the validity of the agreement, arguing that it contained provisions that were contrary to public policy and not in the best interests of the employees.

The legal issues that the Commission needed to resolve included whether the agreement contained unlawful terms that contravened public policy, particularly in relation to the imposition of restrictive conditions on employees' professional activities outside of their regular work hours. The Union argued that certain clauses in the agreement unduly limited the employees' ability to engage in professional development and other activities outside their primary employment with Lifehouse Australia, which they claimed was against public policy.

The Commission examined the terms of the agreement in detail, considering the nature of the employees' roles and the context in which the agreement was made. The Commission noted that the agreement was designed to protect the employer's interests while ensuring that employees could maintain their professional qualifications and standards. After careful consideration, the Commission found that the provisions in question did not contravene public policy and were necessary to protect the employer's legitimate business interests. Consequently, the application for approval of the agreement was approved.

As a result of the Commission's decision, the Lifehouse Medical Physicists Agreement 2019 was formally approved, and the Union's challenge was dismissed. The employees would be bound by the terms of the agreement, which included the provisions that the Union had contested.

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