Back in Motion Health Group Semaphore

[2016] FWCA 749

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Back in Motion Health Group Semaphore

(AG2015/7606)

BACK IN MOTION HEALTH GROUP SEMAPHORE ENTERPRISE

AGREEMENT 2015

Health and welfare services

COMMISSIONER LEE

MELBOURNE, 4 FEBRUARY 2016

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

Agreement 2015.

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

Back in Motion Health Group Semaphore 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 Semaphore. 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 749

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

11 February 2016. The nominal expiry date of the Agreement is 3 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 749

Annexure A

[2016] FWCA 749

CaseChat Overview and Summary

The matter of Back in Motion Health Group Semaphore Enterprise Agreement 2015 was heard by Commissioner Lee of the Fair Work Commission, who was tasked with determining whether the enterprise agreement should be approved under the Fair Work Act 2009. The applicant, Back in Motion Health Group Semaphore, sought approval for their proposed agreement, which pertained to health and welfare services. The primary concern was whether the agreement met all the requirements for approval as stipulated in sections 185, 186, 187, 188, and 190 of the Fair Work Act.

The legal issues before the Commissioner involved verifying that the agreement complied with the procedural and substantive requirements for approval under the Fair Work Act. This included ensuring that the agreement was made in good faith and that it did not cause financial detriment to employees. Additionally, the Commissioner had to ascertain whether the provisions of the agreement were consistent with the principles of enterprise bargaining as outlined in the Act. The Commissioner also needed to consider the written undertakings provided by the applicant, which were intended to address any potential issues that could affect the agreement's approval.

After reviewing the application and the written undertakings, Commissioner Lee determined that the Back in Motion Health Group Semaphore Enterprise Agreement 2015 met all the necessary requirements for approval. The Commissioner was satisfied that the agreement did not cause financial detriment to employees and that the undertakings provided would not result in substantial changes to the agreement. Consequently, the Commissioner concluded that the agreement was in compliance with the Fair Work Act and approved it, effective from 11 February 2016, with a nominal expiry date of 3 February 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established