DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inner Eastern Health Services Pty Ltd T/A Back In Motion Health Group Camberwell
(AG2016/2681)

BACK IN MOTION HEALTH GROUP CAMBERWELL ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	SYDNEY, 11 APRIL 2016

Application for approval of the Back In Motion Health Group Camberwell Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Camberwell Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inner Eastern Health Services Pty Ltd T/A Back In Motion Health Group Camberwell. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2016. The nominal expiry date of the Agreement is 10 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inner Eastern Health Services Pty Ltd, trading as the Back In Motion Health Group Camberwell, applied to the Fair Work Commission for approval of the Back In Motion Health Group Camberwell Enterprise Agreement 2016. The applicant sought to have the agreement registered under the Fair Work Act 2009, as it had been negotiated in good faith and included essential terms that met the statutory requirements for an enterprise agreement. The application was contested by the Health Services Union of Australia, who argued that certain provisions of the agreement did not comply with the Act.

The central legal issues before the Commission were whether the agreement had been negotiated in good faith and whether it contained all the required terms, including the minimum terms set out in section 234 of the Act. Additionally, the Commission had to determine if the agreement met the "better off overall test" as outlined in section 186(3) of the Act. This required a comparison of the benefits, conditions, and protections provided under the agreement with those available under the relevant award or safety net award.

The Fair Work Commission found that the agreement had been negotiated in good faith and contained all the required terms, including the minimum terms. The Commission also determined that the agreement met the "better off overall test" for all employees covered by the agreement. The Commission concluded that the agreement provided employees with a range of benefits, including higher wages and conditions, that were better than those provided by the relevant award. The Commission was satisfied that the agreement was fair and reasonable and approved the application for registration.

The Fair Work Commission registered the Back In Motion Health Group Camberwell Enterprise Agreement 2016, effective from the date of the decision. The agreement is now the governing instrument for the employment of all employees covered by the agreement. The Health Services Union of Australia's objections were dismissed, and the agreement was approved for registration.

Inner Eastern Health Services Pty Ltd T/A Back In Motion Health Group Camberwell

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established