DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Back In Motion Braybrook T/A Back In Motion Health Group Braybrook
(AG2017/2789)

BACK IN MOTION HEALTH GROUP BRAYBROOK ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 22 AUGUST 2017

Application for approval of the Back in Motion Health Group Braybrook Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Braybrook Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Back In Motion Braybrook T/A Back In Motion Health Group Braybrook. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2017. The nominal expiry date of the Agreement is 21 August 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Back In Motion Health Group Braybrook Enterprise Agreement 2017. The applicant, Back In Motion Braybrook T/A Back In Motion Health Group Braybrook, sought approval for the agreement under section 233 of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the requirements for approval under the Act, including whether it was a "better off overall test" agreement and whether it complied with the provisions of the Act regarding its content and form.

The Commission found that the agreement was a "better off overall test" agreement and that it complied with the provisions of the Act regarding its content and form. The Commission noted that the agreement provided for a range of terms and conditions of employment, including wages, hours of work, and leave entitlements, and that it included provisions for the resolution of disputes between employees and the employer. The Commission also found that the agreement was in writing and contained a statement of its key terms and conditions. The Commission approved the agreement, finding that it met the requirements for approval under the Act.

The Commission's decision provides guidance on the requirements for the approval of enterprise agreements under the Fair Work Act 2009. The Commission's approval of the Back In Motion Health Group Braybrook Enterprise Agreement 2017 demonstrates that agreements that meet the requirements for approval can provide a fair and effective means of regulating the terms and conditions of employment in the workplace. The decision also highlights the importance of ensuring that enterprise agreements comply with the provisions of the Act regarding their content and form, and that they provide for the resolution of disputes between employees and employers.

Back In Motion Braybrook T/A Back In Motion Health Group Braybrook

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established