Back in Motion Health Group Richmond

[2016] FWCA 618

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Back In Motion Health Group Richmond

(AG2015/7761)

BACK IN MOTION HEALTH GROUP RICHMOND ENTERPRISE

AGREEMENT 2015

Health and welfare services

COMMISSIONER LEE

MELBOURNE, 29 JANUARY 2016

Application for approval of the Back In Motion Health Group Richmond Enterprise

Agreement 2015 (Agreement).

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

Back In Motion Health Group Richmond 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 Richmond. 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 618

[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 618

Annexure A

[2016] FWCA 618

CaseChat Overview and Summary

Back In Motion Health Group Richmond applied for the approval of the Back In Motion Health Group Richmond Enterprise Agreement 2015 (the Agreement) under section 185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement. The applicant provided written undertakings, which the Commissioner was satisfied would not cause financial detriment to any employee covered by the Agreement and would not result in substantial changes to the Agreement. The application was not lodged within the 14-day period after the agreement was made, but the Commissioner considered it fair to extend the time for making the application to the date it was actually made.

The legal issues before the Commissioner were whether the application met the requirements of sections 186, 187, 188, and 190 of the Act and whether it was fair to extend the time for making the application. The Commissioner was satisfied that the application met these requirements and that it was fair to extend the time for making the application.

The Commissioner approved the Agreement, which will operate from 5 February 2016. The nominal expiry date of the Agreement is 28 January 2020. The Commissioner was satisfied that the applicant's written undertakings would not cause financial detriment to any employee covered by the Agreement and would not result in substantial changes to the Agreement. The Commissioner also considered it fair to extend the time for making the application to the date it was actually made.

The final orders of the Commissioner were that the Agreement is approved and will operate from 5 February 2016. The nominal expiry date of the Agreement is 28 January 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established