DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Finniss Street Physiotherapy and Sports Injury Clinic Pty Ltd T/A PhysioXtra
(AG2015/6869)

PHYSIOXTRA PHYSIOTHERAPIST ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Physioxtra Physiotherapist Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Physioxtra Physiotherapist 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 Finniss Street Physiotherapy and Sports Injury Clinic Pty Ltd T/A PhysioXtra. 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 9 February 2016. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Physioxtra Physiotherapist Enterprise Agreement 2015, which was brought before the Fair Work Commission (FWC). The applicant, Finniss Street Physiotherapy and Sports Injury Clinic Pty Ltd, trading as PhysioXtra, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for physiotherapists within the company.

The legal issues before the FWC included whether the agreement complied with the statutory requirements of the Fair Work Act and whether it met the criteria for being a 'better off overall test' (BOOT) agreement. This test ensures that employees are not worse off financially or in terms of conditions compared to their previous agreements. The FWC also had to consider whether the agreement adequately protected the rights of employees, including provisions for minimum rates of pay, penalty rates, and annual leave.

The FWC assessed the agreement in detail, taking into account the submissions from both the employer and the employees' representative, Australian Health and Social Care Employees and Employers Association. The Commission found that the agreement did meet the BOOT criteria, providing employees with improved conditions and pay rates, and thus was fair and reasonable. The FWC emphasised the importance of the agreement in addressing the specific needs of the workforce and ensuring a balanced outcome for both parties. The FWC approved the Physioxtra Physiotherapist Enterprise Agreement 2015, recognising its fairness and compliance with the relevant legislative requirements.

Finniss Street Physiotherapy and Sports Injury Clinic Pty Ltd T/A PhysioXtra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established