DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armadale Health Services Pty Ltd
(AG2015/7596)

BACK IN MOTION HEALTH GROUP HAWTHORN ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2016

Application for approval of the Back In Motion Health Group Hawthorn Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Hawthorn Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armadale Health Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2016. The nominal expiry date of the Agreement is 7 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armadale Health Services Pty Ltd, an employer, applied for the approval of the Back In Motion Health Group Hawthorn Enterprise Agreement 2015. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was certified as "bargained fairly" and if it complied with all provisions of the Act.

The Commission examined whether the agreement had been genuinely negotiated and if it met the criteria for coverage and bargaining. The employer argued that the agreement was the product of genuine bargaining, while the employee representatives contended that it did not reflect a fair negotiation process. The Commission considered evidence from both parties, including witness testimonies and documentary evidence, to ascertain the validity of the bargaining process. After careful consideration, the Commission found that the agreement had indeed been genuinely negotiated and that it complied with all legal requirements. The Commission approved the agreement, noting its adherence to the Act's provisions and the fairness of the bargaining process.

The Fair Work Commission approved the Back In Motion Health Group Hawthorn Enterprise Agreement 2015, finding it to have been genuinely negotiated and compliant with the Fair Work Act 2009. The Commission's decision was based on the evidence presented and the application of relevant legal standards. The approval ensures that the terms of the agreement are binding and enforceable under the Act.

Armadale Health Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established