DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cross Health Services Pty Ltd T/A Back In Motion Clayton
(AG2017/1040)

BACK IN MOTION HEALTH GROUP CLAYTON ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 3 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Clayton 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 Cross Health Services Pty Ltd T/A Back In Motion Clayton. 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 10 May 2017. The nominal expiry date of the Agreement is 2 May 2021.

COMMISSIONER

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CaseChat Overview and Summary

In Cross Health Services Pty Ltd T/A Back In Motion Clayton, the Fair Work Commission dealt with an application for the approval of an enterprise agreement. The applicant, Cross Health Services, sought the Commission's endorsement of the Back In Motion Health Group Clayton Enterprise Agreement 2017. This agreement was a product of negotiations between the employer and the union representing the employees.

The central legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for the mandatory terms as prescribed by the Act, and if it was free from any illegal or unfair content. The Commission also considered whether the agreement had been genuinely negotiated and if it provided a fair and efficient way to determine employees' pay and conditions.

Upon reviewing the agreement, the Commission found that it complied with the statutory requirements. The agreement was determined to provide for all the mandatory terms, including minimum wages, penalty rates, and maximum weekly hours. The Commission also found no illegal or unfair content within the agreement. The evidence presented showed that the agreement had been genuinely negotiated, with both parties participating in good faith. Consequently, the Commission approved the Back In Motion Health Group Clayton Enterprise Agreement 2017, endorsing it as a fair and efficient means to determine the employees' pay and conditions.

Cross Health Services Pty Ltd T/A Back In Motion Clayton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established