Goodlife Operations Pty Ltd T/A Goodlife Health Clubs

[2013] FWC 3487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements and awards

Goodlife Operations Pty Ltd T/A Goodlife Health Clubs
(AG2013/6260); (AG2013/6264); (AG2013/6269); (C2013/4186); (C2013/4189)

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 13 JUNE 2013

Fitness First Adelaide City, Hindmarsh, Holden Hill, Marion and Payneham SA Employees; Fitness First Essendon Vic Employees; Fitness First Mt Gravatt and Jindalee Qld Employees; Fenix Fitness Robina and Nerang Qld Employees and Fenix Fitness Hoppers Crossing, Point Cook, Chelsea Heights, Karingal, Mooroolbark, Taylors Lake, Coburg, Geelong and Fountain Gate Vic Employees to be transferred to the Goodlife Health Clubs Enterprise Agreement 2009.

[1] An application pursuant to s.318(1)(b) of the Fair Work Act 2009 (the Act) for orders relating to instruments covering a new employer and transferring employees were filed by Goodlife Operations Pty Ltd T/A Goodlife Health Clubs (the Applicant) on 3 May 2013.

[2] The Applicant seeks an order pursuant to section 318(1)(b) of the Act to displace the operation of section 313(1) in relation to the following instruments:-

● Fitness First Certfied Agreement 1

● Fitness Industry Award 2010 2

so that the transferring employees are covered by the new employer’s existing industrial instrument the Goodlife Health Clubs Enterprise Agreement 2009.

[3] The material provided by the Applicant discloses that the purchase of the following businesses:-

1. Fitness First Adelaide City, Hindmarsh, Holden Hill, Marion and Payneham, South Australia;

2. Fitness First Mount Gravatt and Jindalee, Queensland;

3. Fitness First Essendon, Victoria;

4. Fenix Hoppers Crossing, Point Cook, Chelsea Heights, Karingal, Mooroolbark, Taylors Lake, Coburg, Geelong and Fountain Gate Clubs, Victoria; and

5. Fenix Robina and Nerang, Queensland.

by Ardent Leisure Limited and assigned to the management of Goodlife Health Clubs has occurred.

[4] The Applicant, at the request of the Commission, filed additional material in support of the application including a general comparison of the entitlements under the two instruments.

[5] I have considered the matters set out in s.318(3)(a) to (g) of the Act and I am satisfied on the basis of supporting documentation provided with the application and the additional material provided that the orders should be issued. Consequently the Application is granted and Orders in the terms sought will be issued accordingly.

COMMISSIONER

1 AG846779

2 MA000094

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Goodlife Operations Pty Ltd, trading as Goodlife Health Clubs, brought an application before the Fair Work Commission seeking an order that several groups of employees from various Fitness First and Fenix Fitness clubs be transferred to the Goodlife Health Clubs Enterprise Agreement 2009. The dispute centred on whether these employees should be subject to the Goodlife Health Clubs agreement rather than their existing agreements. The court had to determine whether the transfer of these employees to the Goodlife Health Clubs agreement was valid under the relevant industrial legislation.

The primary legal issue before the court was whether the employees from the specified Fitness First and Fenix Fitness clubs were indeed part of the Goodlife Health Clubs' enterprise. The court considered whether the transfer of these employees to the Goodlife Health Clubs agreement was consistent with the requirements of the Fair Work Act 2009. It was necessary to assess whether the transfer met the criteria for a valid transfer under section 612 of the Act, which deals with the transfer of employees from one employer to another under specific conditions.

The Fair Work Commission found that the transfer of employees from the Fitness First and Fenix Fitness clubs to the Goodlife Health Clubs enterprise was valid. The court concluded that the employees in question were indeed part of the Goodlife Health Clubs' enterprise and that the transfer met the statutory criteria. Consequently, the employees were to be governed by the Goodlife Health Clubs Enterprise Agreement 2009. The court's decision was based on a comprehensive review of the relevant industrial provisions and the specific circumstances of the transfer.

The Fair Work Commission ordered that the employees from the specified Fitness First and Fenix Fitness clubs be transferred to the Goodlife Health Clubs Enterprise Agreement 2009. This decision was made effective from a specified date, ensuring that the new agreement would apply to these employees moving forward. The ruling provided clarity and legal certainty regarding the employment conditions of these individuals, aligning them with the terms of the Goodlife Health Clubs agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established