DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Health Services Pty Ltd T/A Back In Motion Health Group Wantirna Sourth
(AG2015/5603)

BACK IN MOTION HEALTH GROUP WANTIRNA SOUTH ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 21 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Back in Motion Health Group Wantirna South Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Health Services Pty ltd t/a Back In Motion Health Group Wantirna South. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 21 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Eastern Health Services Pty Ltd trading as Back In Motion Health Group Wantirna South, the Fair Work Commission was called upon to approve the Back in Motion Health Group Wantirna South Enterprise Agreement 2015. The primary parties involved in this application were the employer, Eastern Health Services, and the employees represented by the Health Services Union of Australia. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The Commission's role was to ensure the agreement met all legal requirements and was fair and reasonable, considering the interests of both the employer and employees.

The legal issues before the Commission encompassed whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning minimum entitlements, procedural fairness, and the negotiation process. The Commission also had to assess if the agreement provided for fair and reasonable terms and conditions, including pay rates, working hours, and other employment conditions. Additionally, the Commission considered the fairness of the negotiation process and whether the agreement adequately protected the rights of the employees.

In its decision, the Fair Work Commission found that the Back in Motion Health Group Wantirna South Enterprise Agreement 2015 was compliant with the Fair Work Act 2009 and met the necessary criteria for approval. The Commission determined that the agreement was fair and reasonable, providing adequate terms and conditions for the employees. It was satisfied that the negotiation process had been conducted fairly and that the agreement appropriately balanced the interests of both the employer and the employees. Consequently, the Commission approved the agreement, recognising its benefits for both parties and its alignment with statutory requirements.

The Fair Work Commission's final order was the approval of the Back in Motion Health Group Wantirna South Enterprise Agreement 2015, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable, providing a framework for the employment relationship between the employer and the employees. The decision underscores the importance of fair and reasonable agreements in maintaining industrial harmony and protecting the rights of workers.

Eastern Health Services Pty Ltd T/A Back In Motion Health Group Wantirna Sourth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established