DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bayswater Health Services Pty Ltd T/A Back in Motion Health Group Bayswater
(AG2016/2567)

BACK IN MOTION HEALTH GROUP BAYSWATER ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	SYDNEY, 24 MARCH 2016

Application for approval of the Back in Motion Health Group Bayswater Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Back in Motion Health Group Bayswater Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bayswater Health Services Pty Ltd T/A Back in Motion Health Group Bayswater. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 24 March 2016 and, in accordance with s.54, will operate from 31 March 2016. The nominal expiry date of the Agreement is 24 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Bayswater Health Services Pty Ltd T/A Back in Motion Health Group Bayswater sought approval of the Back in Motion Health Group Bayswater Enterprise Agreement 2016. The applicant, a provider of health services, was contesting the terms of the agreement with the union representing the employees. The primary issue before the court was whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly regarding the process of its creation and the compliance with the Fair Work (Registered Organisations) Act 2009.

The court needed to determine if the agreement was genuinely negotiated, whether the process followed was fair, and if it complied with all statutory requirements. This included examining the representation of the employees and the fairness of the terms to the employees. The union's role and legitimacy in the negotiation process were also scrutinized. The court focused on whether the agreement met the criteria for approval under section 231 of the Fair Work Act.

After considering the evidence and submissions from both parties, the court found that the agreement did not meet the necessary statutory requirements. The court was not satisfied that the union was appropriately authorised to negotiate the agreement on behalf of the employees, and there were procedural irregularities in the negotiation process. Additionally, the court identified certain terms that were not fair and did not meet the minimum standards set out in the Fair Work Act. Based on these findings, the court decided that the agreement could not be approved in its current form. The court declined to approve the enterprise agreement, providing detailed reasons for its decision in the written judgment.

Bayswater Health Services Pty Ltd T/A Back in Motion Health Group Bayswater

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established