Feel Great Pty Ltd ATF Gardiner Family Trust T/A Burnside Chiropractic Summary

[2013] FWCA 2755

FAIR WORK COMMISSION

DECISION

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

Feel Great Pty Ltd ATF Gardiner Family Trust T/A Burnside Chiropractic
(AG2013/6209)

BURNSIDE CHIROPRACTIC ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 3 MAY 2013

Application for approval of the Burnside Chiropractic Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Burnside Chiropractic Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Feel Great Pty Ltd ATF Gardiner Family Trust T/A Burnside Chiropractic. 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 10 May 2013. The nominal expiry date of the Agreement is 9 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Feel Great Pty Ltd, trading as Burnside Chiropractic, sought approval of an enterprise agreement with its employees. The respondent, the Health Employees' Union of Australia, objected to the approval on various grounds, including that the agreement did not adequately address certain employee entitlements. The dispute was heard by the Fair Work Commission.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it adequately protected the rights of the employees. Specifically, the respondent argued that the agreement failed to provide for adequate minimum rates of pay, leave entitlements, and the proper classification of employees. The Commission needed to determine whether the agreement met the statutory standards for enterprise agreements and if the process leading to the agreement was fair and lawful.

The Fair Work Commission examined the proposed agreement in detail, considering the submissions from both parties. The Commission found that while the agreement contained some deficiencies, these were not substantial enough to invalidate the entire agreement. The Commission was satisfied that the agreement provided for reasonable terms and conditions of employment, and that the process leading to the agreement was fair. Consequently, the Commission approved the Burnside Chiropractic Enterprise Agreement 2013, subject to minor modifications to address the specific concerns raised by the respondent.

The Commission's decision was based on a careful assessment of the agreement's compliance with the statutory requirements and a fair process. The modifications required by the Commission were aimed at ensuring that the agreement met the necessary standards for employee protection and fairness. The approval of the agreement, with the stipulated modifications, represented a balanced outcome that recognised both the rights of the employees and the operational needs of the employer.

Feel Great Pty Ltd ATF Gardiner Family Trust T/A Burnside Chiropractic

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established