DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Full Throttle Personal Training
(AG2016/2813)

FULL THROTTLE PERSONAL TRAINING ENTERPRISE BARGAINING AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER SAUNDERS	SYDNEY, 11 MAY 2016

Application for approval of the Full Throttle Personal Training Enterprise Bargaining Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Full Throttle Personal Training Enterprise Bargaining Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Full Throttle Personal Training. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Full Throttle Personal Training, the applicant, sought the court's approval of an enterprise bargaining agreement with its employees for the period 2016 to 2019. The application was heard in the Fair Work Commission, with the decision handed down by Deputy President G.A. Logan. The agreement, if approved, would govern various aspects of employment, including wages, working conditions, and dispute resolution mechanisms, for employees within the personal training industry.

The primary legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009, particularly sections that require agreements to be free from prohibited content, provide for genuine bargaining, and meet specific procedural requirements. The Commission had to determine if the agreement was made in good faith, covered employees who genuinely wished to be covered, and adhered to the necessary procedural steps for approval.

The Commission found that the agreement was made in good faith and was free from prohibited content, such as terms that would undermine industrial relations laws. The evidence presented indicated that the agreement was the result of genuine negotiations between the parties, as required by the Act. Additionally, the procedural requirements were met, including the provision of necessary information to employees and the opportunity for consultation. Consequently, the Commission approved the enterprise bargaining agreement.

The Commission's decision resulted in the Full Throttle Personal Training Enterprise Bargaining Agreement 2016-2019 being formally approved and registered. This outcome provided clarity and legal certainty for both the employer and employees regarding their rights and obligations during the specified period.

Full Throttle Personal Training

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established