The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia

[2025] FWCA 69

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia

(AG2024/5011)

LIFEHOUSE MEDICAL RADIATION SCIENTISTS AGREEMENT 2024

Health and welfare services
COMMISSIONER SLOAN	SYDNEY, 9 JANUARY 2025

Application for approval of the Lifehouse Medical Radiation Scientists Agreement 2024

The Trustee for Lifehouse Australia Trust has applied for approval of an enterprise agreement known as the Lifehouse Medical Radiation Scientists Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Health Services Union NSW/ACT/QLD (“HSU”) was a bargaining representative for the Agreement. It supports approval of the Agreement.
Lifehouse has provided a written undertaking (“Undertaking”). A copy of the Undertaking is attached in Annexure A. The Commission sought the views of the HSU in respect of the Undertaking. I am satisfied that the Undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.
Pursuant to s 190(3) of the Act, I accept the Undertaking. It is taken to be a term of the Agreement.
Having regard to the Undertaking and the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The HSU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the HSU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 16 January 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an industrial instrument, the Lifehouse Medical Radiation Scientists Agreement 2024, by the Trustee for Lifehouse Australia Trust trading as Lifehouse Australia. The application was brought before the Fair Work Commission in Australia, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred around the provisions of the proposed agreement, which sought to regulate the terms and conditions of employment for medical radiation scientists within Lifehouse Australia.

The primary legal issue before the Commission was whether the Lifehouse Medical Radiation Scientists Agreement 2024 complied with the requirements set out in the Fair Work Act, particularly sections concerning the protection of employees' rights and interests. This included assessing whether the agreement provided adequate safeguards for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also needed to consider if the agreement was made in good faith and if it addressed any specific needs or concerns of the employees.

In delivering its decision, the Fair Work Commission thoroughly examined the provisions of the proposed agreement against the legislative framework. The Commission found that the agreement generally met the statutory requirements for approval, as it contained provisions that protected employees' rights and interests. The Commission noted that the agreement provided for fair wages and conditions, and included mechanisms for resolving disputes. The Commission was satisfied that the agreement was made in good faith and that it adequately addressed the needs of the employees. Consequently, the Commission approved the Lifehouse Medical Radiation Scientists Agreement 2024, subject to the terms and conditions outlined in the agreement.

The final orders of the Commission approved the Lifehouse Medical Radiation Scientists Agreement 2024, effective from the date of the decision, provided that it was registered with the Fair Work Ombudsman within the specified timeframe. This approval allowed the agreement to legally govern the employment conditions of medical radiation scientists at Lifehouse Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established