Hobbs

[2016] FWCA 727

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Jeremy Hobbs
(AG2015/7696)
BACK IN MOTION HEALTH GROUP MOUNT BARKER
ENTERPRISE AGREEMENT 2015
Health and welfare services
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2016

Application for approval of the Back in Motion Health Group Mount Barker Enterprise

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Back in Motion Health Group Mount Barker Enterprise Agreement 2015 (the Agreement).

The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been

made by Jeremy Hobbs. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.
[2016] FWCA 727

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

11 February 2016. The nominal expiry date of the Agreement is 3 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 727

Annexure A

[2016] FWCA 727

CaseChat Overview and Summary

Jeremy Hobbs applied for the approval of the Back in Motion Health Group Mount Barker Enterprise Agreement 2015, a single enterprise agreement, under section 185 of the Fair Work Act 2009. The applicant provided written undertakings which, upon review, were deemed not to cause financial detriment to any employee covered by the agreement and not to result in substantial changes to the agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements of sections 186, 187, 188, and 190 of the Fair Work Act, which pertain to the approval of enterprise agreements. The Commission found that all relevant requirements were met, subject to the undertakings provided by the applicant.

The primary legal issue before the Commission was whether the Back in Motion Health Group Mount Barker Enterprise Agreement 2015 complied with the Fair Work Act 2009. This involved verifying that the agreement met the procedural and substantive requirements for approval, including ensuring that the agreement was made in good faith and did not cause financial detriment to employees. The Commission also had to assess whether the undertakings provided by the applicant would preserve the integrity of the agreement.

The Commission found that the agreement satisfied the statutory requirements for approval. The Commission was satisfied that the written undertakings provided by the applicant would not cause financial detriment to any employee or result in substantial changes to the agreement. The Commission determined that the agreement would operate from 11 February 2016, with a nominal expiry date of 3 February 2020. Therefore, the application for approval was granted, and the agreement was approved in accordance with section 54 of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established