Goodlife Operations Pty Ltd T/A Goodlife Health Clubs

[2013] FWC 3487

[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

<Price code A, AG846779  PR537451 >