DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Distinctive Physiotherapy Pty Ltd T/A Back in Motion Health Group Valley View
(AG2016/4678)

BACK IN MOTION HEALTH GROUP VALLEY VIEW ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Back In Motion Health Group Valley View Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Back in Motion Health Group Valley View 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 Distinctive Physiotherapy Pty Ltd T/A Back in Motion Health Group Valley View. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2016. The nominal expiry date of the Agreement is 19 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Distinctive Physiotherapy Pty Ltd, trading as Back in Motion Health Group Valley View, and its employees. The company sought approval for its Enterprise Agreement 2016. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including provisions concerning minimum wage rates, penalty rates, and other conditions of employment.

The court was required to determine if the agreement met the "better off overall test" as stipulated in the Fair Work Act. This involved assessing whether the proposed conditions were no worse than the applicable award or registered agreement and whether employees would be better off overall under the new agreement compared to their current conditions. Additionally, the court needed to ensure that the agreement contained all the mandatory terms and conditions as prescribed by the Act, including provisions for minimum wage rates, penalty rates, leave entitlements, and other employment conditions.

In its decision, the Fair Work Commission found that the Back in Motion Health Group Valley View Enterprise Agreement 2016 met the "better off overall test" and contained all the necessary mandatory terms and conditions. The Commission considered the economic and non-economic benefits of the proposed agreement, including wage increases, changes in penalty rates, and other employment conditions. The court concluded that the employees would be better off overall under the new agreement and approved the Enterprise Agreement 2016.

The Commission issued an order approving the Back in Motion Health Group Valley View Enterprise Agreement 2016, 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. The decision provided clarity and certainty for both the company and its employees regarding their employment conditions moving forward.

Distinctive Physiotherapy Pty Ltd T/A Back in Motion Health Group Valley View

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established