DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Back Solutions Physiotherapy Pty Ltd T/A Back In Motion Health Group Mount Gravatt
(AG2016/4396)

BACK IN MOTION HEALTH GROUP MOUNT GRAVATT ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2016

Application for approval of the Back In Motion Health Group Mount Gravatt Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Mount Gravatt 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 Solutions Physiotherapy Pty Ltd T/A Back In Motion Health Group Mount Gravatt. 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 10 August 2016. The nominal expiry date of the Agreement is 2 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Back Solutions Physiotherapy Pty Ltd, trading as Back In Motion Health Group Mount Gravatt, applied to the Fair Work Commission for approval of the Back In Motion Health Group Mount Gravatt Enterprise Agreement 2015. The agreement in question was entered into between the employer and its employees, as represented by the Health Services Union of Australia. The union argued that the agreement should not be approved due to a perceived imbalance in the agreement's terms and conditions.

The key legal issue before the Fair Work Commission was whether the agreement met the statutory requirements for approval, specifically whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award. The union contended that certain provisions of the agreement were less favourable to employees than the relevant award, and therefore the agreement should not be approved.

The Fair Work Commission examined the provisions of the agreement in detail and compared them with the relevant award provisions. After careful consideration, the Commission determined that the agreement did not contain terms and conditions that were less favourable than the applicable award or safety net award. The Commission found that the provisions in question were either neutral or improved upon the award provisions, and as such, the agreement met the statutory requirements for approval. Consequently, the Commission approved the agreement.

The Fair Work Commission's decision resulted in the approval of the Back In Motion Health Group Mount Gravatt Enterprise Agreement 2015. The union's objections were rejected, and the agreement was deemed to meet the statutory requirements for approval. The terms and conditions of the agreement now apply to the employees covered by the agreement.

Back Solutions Physiotherapy Pty Ltd T/A Back In Motion Health Group Mount Gravatt

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established