DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia
(AG2019/1044)

LIFEHOUSE SPECIALISTS ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 MAY 2019

Application for approval of the Lifehouse Specialists Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Specialists Enterprise 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Salaried Medical Officers’ 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2019. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Lifehouse Australia for approval of the Lifehouse Specialists Enterprise Agreement 2019. The application was made by the Trustee for Lifehouse Australia Trust trading as Lifehouse Australia, who sought to have the agreement registered by the Commission. The agreement in question was between Lifehouse Australia and its employees who are members of the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other workplace matters as outlined in the proposed agreement.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "enterprise agreements" as set out in the Act, including the necessity for it to provide for the "efficient determination" of terms and conditions of employment, and whether it had been made in "good faith" and without "coercion, duress, or discrimination." Furthermore, the Commission examined whether the agreement provided for "proper procedures" for the handling of workplace disputes and if it satisfied the "better off overall test," ensuring that no party was worse off in the agreement compared to their previous conditions.

In rendering its decision, the Commission considered extensive submissions from both Lifehouse Australia and the Australian Manufacturing Workers' Union. The Commission found that the agreement did indeed comply with the statutory requirements, noting that it provided for the efficient determination of terms and conditions of employment and was made in good faith. Additionally, the Commission determined that the agreement met the better off overall test, as it did not leave any party worse off and included provisions for proper procedures to handle workplace disputes. Consequently, the Commission approved the Lifehouse Specialists Enterprise Agreement 2019 and registered it under the Fair Work Act.

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