DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jeeva HealthCare Pty Ltd T/A Back In Motion Bacchus Marsh
(AG2017/2083)

BACK IN MOTION HEALTH GROUP BACCHUS MARSH ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 19 JUNE 2017

Application for approval of the Back In Motion Health Group Bacchus Marsh Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Bacchus Marsh Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jeeva HealthCare Pty Ltd T/A Back In Motion Bacchus Marsh. 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 26 June 2017. The nominal expiry date of the Agreement is 18 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jeeva HealthCare Pty Ltd, trading as Back In Motion Bacchus Marsh, applied to the Fair Work Commission for approval of the Back In Motion Health Group Bacchus Marsh Enterprise Agreement 2017. The applicant sought to finalise the terms and conditions of employment for its employees, and the application was heard by the Commission. The dispute centred around whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "better off overall test" (BOOT) compliant enterprise agreement and if it adhered to the relevant provisions of the Act.

The Commission examined the terms of the agreement to ensure it provided employees with a BOOT compared to the applicable award. This involved assessing the proposed changes to wages, penalties, leave provisions, and other conditions of employment. The Commission also needed to verify that the agreement had been genuinely negotiated and that the process of negotiation was in line with the legal standards. Furthermore, the application required the Commission to consider whether the agreement complied with the procedural fairness requirements, including whether the employer had provided sufficient information and opportunity for consultation to the employees.

After a thorough review of the evidence and submissions, the Commission found that the agreement met the necessary criteria for approval. The agreement was determined to provide employees with a BOOT and had been genuinely negotiated. The Commission was satisfied that the employer had provided adequate information and opportunity for consultation, ensuring procedural fairness. Consequently, the Commission approved the Back In Motion Health Group Bacchus Marsh Enterprise Agreement 2017, making it a legally binding contract between the employer and employees.

The final orders of the Commission included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the employees of Back In Motion Bacchus Marsh. The agreement was to be registered with the Fair Work Commission, and any disputes arising from its interpretation or application would be subject to the jurisdiction of the Commission or the Fair Work Court.

Jeeva HealthCare Pty Ltd T/A Back In Motion Bacchus Marsh

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established