DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holt Health Services Pty Ltd
(AG2016/2226)

BACK IN MOTION HEALTH GROUP BLACKBURN ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2016

Application for approval of the Back In Motion Health Group Blackburn Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Blackburn 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 Holt Health Services Pty Ltd. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2016. The nominal expiry date of the Agreement is 10 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Holt Health Services Pty Ltd, sought approval of the Back In Motion Health Group Blackburn Enterprise Agreement 2015. The dispute arose as part of the Fair Work Commission's (FWC) process for assessing and approving enterprise agreements under the Fair Work Act 2009. The case was heard by the Commission's delegate, Mr S. P. Williams, who was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues before the court were whether the enterprise agreement was genuinely bargained, met the procedural requirements for approval, and whether it complied with the "better off overall test" under the Fair Work Act. The applicant argued that the agreement was fairly negotiated and met all statutory requirements, while the objectors raised concerns about the procedural fairness and the impact of the agreement on employee entitlements.

In his decision, Mr Williams examined the evidence provided by both parties and considered the procedural fairness of the agreement's negotiation and the substance of its provisions. He found that the agreement had been genuinely bargained and that there were no procedural irregularities that would invalidate it. Furthermore, the Commission determined that the agreement met the better off overall test, as it provided for a combination of financial and non-financial benefits that were considered advantageous to the employees. Consequently, the application for approval was successful.

The Fair Work Commission's delegate approved the Back In Motion Health Group Blackburn Enterprise Agreement 2015, dismissing the objections raised by the objectors. This decision was based on the finding that the agreement was genuinely negotiated, procedurally sound, and met the statutory requirements under the Fair Work Act, including the better off overall test.

Holt Health Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established