DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia
(AG2020/2328)

LIFEHOUSE HEALTH PROFESSIONALS AND SUPPORT SERVICES AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 SEPTEMBER 2020

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

[1] An application has been made for approval of a variation to the Lifehouse Health Professionals and Support Services 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 17 June 2019. 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 2 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the trustee for Lifehouse Australia Trust, trading as Lifehouse Australia, seeking variation of the Lifehouse Health Professionals and Support Services Agreement 2019. The applicant argued that changes in circumstances warranted adjustments to the agreement, which had been entered into with a health professional provider. The court was tasked with determining whether the application met the criteria for variation under the relevant legislation and if the changes proposed were justified and equitable.

The central legal issue was whether the conditions outlined in the application sufficiently demonstrated that the original terms of the agreement had become inequitable due to substantial changes in circumstances, thereby justifying a variation. The court considered the statutory framework governing the variation of agreements in such contexts, including the need for a demonstration of substantial change in circumstances and the impact of those changes on the fairness of the original agreement. Additionally, the court examined whether the proposed variations were reasonable and necessary to address the altered circumstances.

In evaluating the application, the court assessed the evidence provided by the applicant regarding the changes in circumstances and the impact of those changes on the agreement. The court found that the applicant had demonstrated a substantial change in circumstances that had rendered the original agreement inequitable. The court also considered whether the proposed variations were reasonable and necessary to address the new situation. After thorough analysis, the court determined that the application met the criteria for variation and approved the changes to the agreement, finding them to be fair and reasonable under the circumstances. The court's decision was based on a comprehensive review of the evidence and the statutory requirements for variation.

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