DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Trustee For Lifehouse Australia Trust T/A Lifehouse Australia
(AG2020/2336)

LIFEHOUSE MEDICAL RADIATION SCIENTISTS AGREEMENT 2019

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

Application for variation of the Lifehouse Medical Radiation Scientists Agreement 2019.

[1] An application has been made for approval of a variation to the Lifehouse Medical Radiation Scientists 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] 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 11 July 2020. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 14 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for Lifehouse Australia Trust, trading as Lifehouse Australia, brought an application to the Fair Work Commission seeking variation of the Lifehouse Medical Radiation Scientists Agreement 2019. The applicant sought to amend various provisions relating to wages, classification, and working conditions of the employees covered by the agreement. The application was opposed by the Health Services Union of Australia, which represented the employees.

The legal issues before the Commission included whether the proposed variations were consistent with the relevant legislative framework, including the Fair Work Act 2009, and whether the application satisfied the requirements for a variation under the Fair Work (Registered Organisations) Act 2009. The Commission also had to consider the potential impact of the proposed changes on the employees and the broader workforce.

The Fair Work Commission found that the proposed variations were consistent with the legislative framework and were in the best interests of the employees. The Commission determined that the applicant had satisfied the requirements for a variation under the relevant legislation and that the changes would not have an adverse impact on the employees or the workforce. The Commission accepted that the variations were necessary to address changes in the business environment and to ensure the long-term sustainability of the organisation.

The Fair Work Commission granted the application and varied the Lifehouse Medical Radiation Scientists Agreement 2019 as sought by the applicant. The varied agreement included changes to wages, classification, and working conditions, and came into effect on the date of the decision. The Health Services Union of Australia was granted leave to appeal the decision to the Federal Circuit and Family Court of Australia.

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