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
(AG2015/5616)

BACK IN MOTION HEALTH GROUP BLACKWOOD ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 1 OCTOBER 2015

Application for approval of the Back in Motion Health Group Blackwood Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Back in Motion Health Group Blackwood Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 8 October 2015. The nominal expiry date of the Agreement is 7 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Central Health Services Unit Trust, trading as Back In Motion Health Group Blackwood, applied for approval of the Back in Motion Health Group Blackwood Enterprise Agreement 2015. The dispute involved the terms of the proposed enterprise agreement, including issues such as remuneration, employee entitlements, and the process for resolving disputes. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural and substantive provisions of the Fair Work Act, and if it was in the best interests of the employees. Specifically, the Commission had to consider whether the agreement was appropriately negotiated, if it contained all the necessary minimum terms and conditions, and if it was fair and reasonable for the employees.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the bargaining environment. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the statutory requirements.

The Fair Work Commission approved the Back in Motion Health Group Blackwood Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement, setting out their terms and conditions of employment.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established