Jeeva Healthcare Pty Ltd T/A Back In Motion Health Group Melton

[2017] FWCA 3234

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Jeeva Healthcare Pty Ltd T/A Back In Motion Health Group Melton

(AG2017/2073)

Back In Motion Health Group Melton Enterprise Agreement 2017

Health and welfare services
Commissioner Gregory	MELBOURNE, 15 JUNE 2017

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

An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Melton 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 Health Group Melton. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2017. The nominal expiry date of the Agreement is 14 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jeeva Healthcare Pty Ltd, trading as Back In Motion Health Group Melton, applied to the Fair Work Commission for approval of the Back In Motion Health Group Melton Enterprise Agreement 2017. The application was made under the Fair Work Act 2009, seeking to have the agreement registered to ensure it is legally binding on the employer and the employees covered by the agreement.

The legal issues before the Commission included whether the agreement had been made in accordance with the requirements of the Fair Work Act, whether it complied with the provisions of the Act concerning minimum entitlements and dispute resolution, and whether it was appropriate to grant registration given the absence of objections from relevant parties. The Commission needed to assess whether the agreement met the standards of procedural fairness and substantive fairness as required by the Act.

The Fair Work Commission found that the agreement had been made in accordance with the statutory requirements and that it complied with the minimum standards set out in the Act. The Commission also determined that there were no valid objections to the agreement from the relevant parties. The agreement provided for reasonable terms and conditions of employment, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement met the necessary criteria for registration and approved it accordingly.

The Fair Work Commission approved the Back In Motion Health Group Melton Enterprise Agreement 2017, making it a legally binding agreement between Jeeva Healthcare Pty Ltd and the employees covered by the agreement. The decision was made on the basis that the agreement was made in good faith, complied with the requirements of the Fair Work Act, and provided for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established