DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carrum Downs Health Services Pty Ltd T/A Back In Motion Carrum Downs
(AG2017/1459)

BACK IN MOTION HEALTH GROUP CARRUM DOWNS ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 16 MAY 2017

Application for approval of the Back In Motion Health Group Carrum Downs Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Carrum Downs Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carrum Downs Health Services Pty Ltd T/A Back In Motion Carrum Downs. 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 is approved and, in accordance with s.54 of the Act, will operate from 23 May 2017. The nominal expiry date of the Agreement is 15 May 2021.

COMMISSIONER

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CaseChat Overview and Summary

Carrum Downs Health Services Pty Ltd, trading as Back In Motion Carrum Downs, sought approval of the Back In Motion Health Group Carrum Downs Enterprise Agreement 2017 from the Fair Work Commission. The applicant, Back In Motion, is an employer in the health and community services industry, with employees covered by the Health Services Award 2010. The dispute arose as the applicant sought to implement the proposed enterprise agreement which was to replace an existing enterprise agreement. The legal issues before the Commission involved whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009.

The primary issue was whether the agreement was made in accordance with the procedural fairness requirements of the Act, specifically whether the employees had been given the opportunity to genuinely discuss and negotiate the terms of the agreement. The Commission examined the process by which the agreement was made, including the provision of necessary information and the opportunity for consultation. The substantive issue was whether the proposed agreement provided for fair and reasonable terms and conditions of employment. This involved an analysis of whether the agreement provided for appropriate wage rates, conditions, and other entitlements that were fair and reasonable in the circumstances.

The Commission determined that the agreement was made in accordance with the procedural requirements, as the applicant had provided all necessary information and had engaged in genuine discussions with the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the work, the parties' bargaining positions, and broader economic factors. The proposed changes to the terms and conditions were considered to be reasonable and appropriate, balancing the interests of both the employer and the employees.

The Fair Work Commission approved the Back In Motion Health Group Carrum Downs Enterprise Agreement 2017, effective from 1 July 2017. This decision resolved the dispute and allowed the implementation of the new enterprise agreement, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

Carrum Downs Health Services Pty Ltd T/A Back In Motion Carrum Downs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established