Central Health Services Unit Trust Pty Ltd T/A Back In Motion Health Group Blackwood Summary

[2014] FWCA 3187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Central Health Services Unit Trust Pty Ltd T/A Back In Motion Health Group Blackwood
(AG2014/5787)

BACK IN MOTION HEALTH GROUP BLACKWOOD ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 16 MAY 2014

Application for approval of the Back in Motion Health Group Blackwood Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Back in Motion Health Group Blackwood Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Central Health Services Unit Trust Pty Ltd T/A Back In Motion Health Group Blackwood. The Agreement is a single-enterprise agreement.

[2] On 7 May 2014, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the view of the bargaining representative and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2014. The nominal expiry date of the Agreement is 20 May 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Central Health Services Unit Trust t/a Back In Motion Health Group Blackwood to have the Back in Motion Health Group Blackwood Enterprise Agreement 2014 approved. The dispute centred around the terms and conditions of employment for the employees covered by the agreement, including issues such as wages, hours of work, and dispute resolution mechanisms. The case was heard by the Fair Work Commission, Australia's independent industrial relations tribunal.

The primary legal issues that the Fair Work Commission had to resolve were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for approval under the Fair Work Regulations 2009. Specifically, the Commission had to determine whether the agreement provided for minimum terms and conditions of employment, whether it was made in good faith, and whether it provided for a fair and efficient method of dispute resolution. Additionally, the Commission considered whether the agreement complied with the requirements for individual flexibility arrangements and if it included appropriate provisions for employee representation.

In its decision, the Fair Work Commission found that the Back in Motion Health Group Blackwood Enterprise Agreement 2014 was compliant with the Fair Work Act and Regulations. The Commission concluded that the agreement provided for the minimum terms and conditions of employment, was made in good faith, and included fair and efficient dispute resolution mechanisms. The agreement also met the requirements for individual flexibility arrangements, and the provisions for employee representation were deemed adequate. Consequently, the Fair Work Commission approved the enterprise agreement, subject to the conditions set out in the decision.

The final orders of the Fair Work Commission included the approval of the Back in Motion Health Group Blackwood Enterprise Agreement 2014, with the effective date of approval being the date of the decision. The Commission also ordered that the agreement would be registered with the Fair Work Ombudsman and that it would be available for inspection by the public. The approval of the agreement means that the terms and conditions set out within it will govern the employment of the relevant employees from the date of approval.

Central Health Services Unit Trust Pty Ltd T/A Back In Motion Health Group Blackwood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established