Back in Motion Health Group

[2016] FWCA 167

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Timothy Saunders

(AG2015/7732)

BACK IN MOTION HEALTH GROUP ALPHINGTON ENTERPRISE

AGREEMENT 2015

Health and welfare services

COMMISSIONER LEE

MELBOURNE, 12 JANUARY 2016

Application for approval of the Back in Motion Health Group Alphington Enterprise

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Back in Motion Health Group Alphington 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 Timothy Saunders. 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.
[2016] FWCA 167

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

19 January 2016. The nominal expiry date of the Agreement is 11 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 167

Annexure A

[2016] FWCA 167

CaseChat Overview and Summary

The Back in Motion Health Group Alphington Enterprise Agreement 2015 was the subject of an application for approval under section 185 of the Fair Work Act 2009. The applicant, Timothy Saunders, sought approval of this enterprise agreement which pertains to the health and welfare services sector. The case was heard and determined by Commissioner Lee in Melbourne on 12 January 2016.

The primary legal issue before the court was whether the Back in Motion Health Group Alphington Enterprise Agreement 2015 met all the relevant requirements under the Fair Work Act 2009 for it to be approved. Specifically, the court needed to examine if sections 186, 187, 188, and 190 of the Act, as they applied to this agreement, had been satisfied. This included verifying that the agreement would not result in financial detriment to employees or substantial changes to the agreement. The applicant also provided written undertakings to address potential concerns.

Commissioner Lee concluded that the agreement met all the necessary criteria for approval. The Commissioner was satisfied that the written undertakings provided by the applicant ensured that the agreement would not financially harm the employees or result in significant changes. Therefore, the Commissioner approved the agreement, which will come into operation on 19 January 2016, with a nominal expiry date of 11 January 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established