DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Lifehouse Australia Trust
(AG2019/1769)

LIFEHOUSE MEDICAL RADIATION SCIENTISTS AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 JULY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Lifehouse Medical Radiation Scientists Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act).The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The HSU New South Wales Branch 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2019. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, the Trustee for the Lifehouse Australia Trust sought approval for the Lifehouse Medical Radiation Scientists Agreement 2019. The Trust, as the employer, intended to use this agreement to regulate the employment conditions of medical radiation scientists within Lifehouse, a company providing medical imaging services. The application was contested by the Health Services Union of Australia, which represented some of the employees covered by the agreement. The union argued that certain provisions of the agreement, particularly those related to wages, penalties, and working conditions, did not meet the statutory requirements for an approved agreement under the Fair Work Act 2009.

The court was required to determine whether the proposed agreement complied with the criteria set out in the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The court also had to consider whether the agreement's terms were consistent with the broader principles of industrial relations law, including fairness and equity in the workplace.

The court found that the Lifehouse Medical Radiation Scientists Agreement 2019 met the statutory requirements for an approved agreement. The agreement was considered to be fair and reasonable, providing for appropriate wages, penalties, and working conditions. The court found that the Trust had acted in good faith and without coercion in the negotiation and drafting of the agreement. Furthermore, the terms of the agreement were consistent with the broader principles of industrial relations law. Accordingly, the court granted the Trustee's application for approval of the agreement.

The court's final order was that the Lifehouse Medical Radiation Scientists Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement, effective from the date of registration. The union's objections were dismissed, and the Trustee was authorised to implement the approved agreement.

The Trustee for the Lifehouse Australia Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established