Back in Motion Health Group

Case [2016] FWCA 1918


[2016] FWCA 1918

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Matthew Skehan
(AG2016/2560)

BACK IN MOTION HEALTH GROUP ASPENDALE GARDENS

ENTERPRISE AGREEMENT 2015

Health and welfare services

COMMISSIONER LEE MELBOURNE, 30 MARCH 2016

Application for approval of the Back In Motion Health Group Aspendale Gardens Enterprise

Agreement 2015.

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

Back In Motion Health Group Aspendale Gardens 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 Matthew Skehan. 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 1918

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

6 April 2016. The nominal expiry date of the Agreement is 29 March 2020.

COMMISSIONER

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[2016] FWCA 1918

Annexure A

[2016] FWCA 1918

Details
AGLC
Back in Motion Health Group [2016] FWCA 1918
Case
[2016] FWCA 1918
Decision Date

CaseChat Overview and Summary

The Back in Motion Health Group Aspendale Gardens Enterprise Agreement 2015 was the subject of an application for approval under section 185 of the Fair Work Act 2009, brought by Matthew Skehan. The agreement pertains to the health and welfare services industry. The application was heard and decided by Commissioner Lee in Melbourne on 30 March 2016.

The legal issues before the court included whether the agreement met the requirements under sections 186, 187, 188, and 190 of the Fair Work Act 2009, particularly concerning the financial implications for employees and the potential for substantial changes to the agreement. Commissioner Lee reviewed the provided undertakings and was satisfied that they would not result in financial detriment to the employees or substantial changes to the agreement. This satisfaction was a critical aspect of the decision, as it addressed the legislative requirements for approval.

Commissioner Lee concluded that the agreement met the necessary criteria and approved the Back in Motion Health Group Aspendale Gardens Enterprise Agreement 2015, effective from 6 April 2016. The nominal expiry date for the agreement was set at 29 March 2020. This decision confirmed the agreement's compliance with the Fair Work Act and allowed it to proceed into effect as intended.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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