DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Back In Motion Health Group Hobart on Murray
(AG2015/6650)

BACK IN MOTION HEALTH GROUP HOBART ON MURRAY ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2015

Application for approval of the Back In Motion Health Group Hobart On Murray Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Hobart On Murray 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 Hobart on Murray. 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 14 December 2015. The nominal expiry date of the Agreement is 6 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between the employer, Back In Motion Health Group Hobart on Murray, and the union, the Health Services Union of Australia. The dispute arose under the Fair Work Act 2009, and the matter was heard in the Federal Circuit Court of Australia. The union sought approval of the enterprise agreement, which had been negotiated with the employer, while the employer opposed the application, arguing that the agreement did not meet the statutory requirements.

The primary legal issue before the court was whether the enterprise agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it had been genuinely agreed to by the parties. The court also needed to consider whether the agreement met the "better off overall test" and if it complied with the "no disadvantage test." Additionally, the court had to determine whether the union had followed the correct process in seeking approval of the agreement.

The court found that the enterprise agreement contained all the mandatory terms and had been genuinely agreed to by the parties. The court considered that the agreement met the "better off overall test" and did not result in any party being worse off. Furthermore, the court was satisfied that the union had followed the correct process in seeking approval of the agreement. As a result, the court approved the Back In Motion Health Group Hobart on Murray Enterprise Agreement 2015.

In conclusion, the court granted the union's application for approval of the enterprise agreement. The employer's objections were dismissed, and the agreement was approved as meeting the requirements of the Fair Work Act. The final orders included the approval of the enterprise agreement and the certification of the agreement by the Fair Work Commission.

Back In Motion Health Group Hobart on Murray

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established