DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fit to Live Pty Ltd T/A Back In Motion Seville Grove
(AG2017/1363)

BACK IN MOTION HEALTH GROUP - BACK IN MOTION SEVILLE GROVE ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 8 MAY 2017

Application for approval of the Back In Motion Health Group - Back in Motion Seville Grove Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group – Back in Motion Seville Grove 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 Fit to Live Pty Ltd T/A Back In Motion Seville Grove. 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 15 May 2017. The nominal expiry date of the Agreement is 7 May 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Fit to Live Pty Ltd, trading as Back In Motion Seville Grove, sought approval for the Back In Motion Health Group - Back in Motion Seville Grove Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for approval. The central dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness in the agreement's formation and its content.

The court had to decide whether the agreement was made in good faith and whether it adhered to the procedural requirements outlined in the Fair Work Act. Additionally, the court examined whether the agreement contained the minimum terms and conditions mandated by law and whether it was free from any illegal or unenforceable provisions. The court also needed to ensure that the agreement provided for proper dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the agreement was made in good faith and complied with the procedural requirements set out in the Fair Work Act. The agreement was deemed to contain all the necessary minimum terms and conditions and was found to be free from any illegal or unenforceable clauses. The court further concluded that the agreement included appropriate dispute resolution mechanisms. Consequently, the application for the approval of the Back In Motion Health Group - Back in Motion Seville Grove Enterprise Agreement 2017 was granted.

Fit to Live Pty Ltd T/A Back In Motion Seville Grove

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established