DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia
(AG2021/5957)

LIFEHOUSE MEDICAL PHYSICISTS AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JULY 2021

Application for variation of the Lifehouse Medical Physicists Agreement 2019.

[1] An application has been made for approval of a variation to the Lifehouse Medical Physicists Agreement 2019 (the Agreement). The application was made by The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
2 September 2020. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the trustee for Lifehouse Australia Trust, trading as Lifehouse Australia, to the Fair Work Commission (FWC) for a variation of the Lifehouse Medical Physicists Agreement 2019. This agreement is a registered agreement under the Fair Work Act 2009 and governs the employment conditions of medical physicists within Lifehouse Australia. The application arose due to a dispute between the employer and the employees regarding changes to the work conditions that Lifehouse Australia sought to implement.

The primary legal issue before the FWC was whether the proposed changes to the agreement were in accordance with the requirements of the Fair Work Act and whether they were procedurally fair. The FWC needed to determine if the application met the criteria for a variation under section 231 of the Act and whether the process followed was just and equitable. This included assessing the procedural fairness of the application process, as well as the substantive fairness of the proposed changes to the agreement.

In its decision, the FWC considered the evidence and submissions from both parties. The FWC found that the application process was procedurally fair, as Lifehouse Australia had engaged with the employees' representatives and provided them with the necessary information to respond to the application. The FWC also examined the substance of the proposed changes and whether they were reasonable and necessary for the employer's business operations. After reviewing the evidence, the FWC concluded that the changes were appropriate and in the best interests of the business. Consequently, the FWC granted the application and varied the agreement as requested.

The FWC's final order was that the Lifehouse Medical Physicists Agreement 2019 be varied as per the application, with the changes taking effect from the date specified in the application. The decision was made in the interest of achieving a fair and efficient resolution of the dispute, ensuring that the agreement reflects the current operational needs of Lifehouse Australia while also considering the rights and interests of the employees.

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