Fitness First Australia Pty Limited T/A Fitness First

[2014] FWCA 2477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fitness First Australia Pty Limited T/A Fitness First
(AG2014/3961)

FITNESS FIRST ENTERPRISE AGREEMENT

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 11 APRIL 2014

Application for approval of the Fitness First Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Fitness First Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fitness First Australia Pty Limited T/A Fitness First. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Ms Anne Jaakke, HR Director, Fitness First Australia Pty Limited. The written undertaking concerning Clauses 12.1 and Schedule 2 will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 11 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fitness First Australia Pty Limited T/A Fitness First applied to the Fair Work Commission for the approval of the Fitness First Enterprise Agreement. The company argued that the agreement provided for a modern and efficient workplace, with terms and conditions that were fair and reasonable for both employers and employees. The application was opposed by the Health Services Union of Australia, which argued that the agreement did not provide adequate protections for employees, particularly in relation to shift patterns and penalty rates.

The Fair Work Commission was required to determine whether the agreement was in the best interests of the employees and whether it met the requirements of the Fair Work Act 2009. The Commission considered the arguments of both parties and examined the terms and conditions of the agreement. The Commission also took into account the views of the employees, as expressed through a vote on the agreement.

The Commission found that the agreement was in the best interests of the employees and met the requirements of the Act. The Commission noted that the agreement provided for a modern and efficient workplace, with terms and conditions that were fair and reasonable for both employers and employees. The Commission also noted that the agreement provided for a process for resolving disputes between employees and employers, and that it provided for adequate protections for employees in relation to shift patterns and penalty rates. The Commission therefore approved the Fitness First Enterprise Agreement.

The Commission made an order approving the Fitness First Enterprise Agreement, subject to certain conditions. The order is effective from the date of the Commission's decision and will remain in force until such time as it is varied or revoked by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established