Back in Motion Health Group Ascot Vale

[2016] FWCA 615

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Back In Motion Health Group Ascot Vale

(AG2015/7758)

BACK IN MOTION HEALTH GROUP ASCOT VALE ENTERPRISE

AGREEMENT 2015

Health and welfare services

COMMISSIONER LEE

MELBOURNE, 29 JANUARY 2016

Application for approval of the Back In Motion Health Group Ascot Vale Enterprise

Agreement 2015.

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

Back In Motion Health Group Ascot Vale 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 Back In Motion Health Group Ascot Vale. 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 application was not lodged within 14 days after the agreement was made.

Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for

making the application to the date it was actually made.
[2016] FWCA 615

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

5 February 2016. The nominal expiry date of the Agreement is 28 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 615

Annexure A

[2016] FWCA 615

CaseChat Overview and Summary

Back in Motion Health Group Ascot Vale has applied for approval of their enterprise agreement under section 185 of the Fair Work Act 2009. The application was made for the Back In Motion Health Group Ascot Vale Enterprise Agreement 2015. The enterprise agreement is a single enterprise agreement. The application was made by Back In Motion Health Group Ascot Vale, the applicant. The Commissioner has provided written undertakings regarding the agreement. The Commissioner is satisfied that the undertakings will not cause financial detriment to any employee and that they will not result in substantial changes to the Agreement.

The legal issues that the Commissioner had to decide on included whether the requirements of sections 186, 187, 188 and 190 of the Fair Work Act 2009 were met. The Commissioner considered whether the application was lodged within 14 days of the agreement being made, as required by section 185(3)(b) of the Fair Work Act 2009. The Commissioner was satisfied that the application was not lodged within 14 days of the agreement being made, but in all the circumstances, it was fair to extend the time for making the application to the date it was actually made. The Commissioner was satisfied that the requirements of sections 186, 187, 188 and 190 of the Fair Work Act 2009 were met, subject to the undertakings provided.

The Commissioner approved the Back In Motion Health Group Ascot Vale Enterprise Agreement 2015. The agreement will operate from 5 February 2016 and will expire on 28 January 2020, unless terminated earlier. The Commissioner concluded that the requirements of sections 186, 187, 188 and 190 of the Fair Work Act 2009 were met and that the agreement would not cause financial detriment to any employee. The Commissioner was satisfied that the application was not lodged within 14 days of the agreement being made, but in all the circumstances, it was fair to extend the time for making the application to the date it was actually made. The Commissioner approved the agreement subject to the written undertakings provided by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established