DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Justin Mistry
(AG2015/7774)

BACK IN MOTION HEALTH GROUP BUNDALL ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Bundall 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 Justin Mistry. The Agreement is a single enterprise agreement.

[2] The Employer 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 15 January 2016. The nominal expiry date of the Agreement is 7 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Justin Mistry applied for approval of the Back In Motion Health Group Bundall Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The agreement in question proposed various changes to the terms and conditions of employment for employees of Back In Motion Health Group Bundall. The key dispute centred on whether the proposed changes complied with the requirements of the Fair Work Act 2009 and whether they were fair and reasonable in the circumstances.

The Commission examined several aspects, including whether the agreement was genuinely negotiated, whether it provided for a direct communication mechanism, and whether it adequately addressed the needs of both employers and employees. The Court also considered the fairness of the proposed changes in the context of the parties' bargaining positions, the existing workplace conditions, and the broader economic environment. The Commission found that the agreement was genuinely negotiated and contained appropriate direct communication mechanisms. The proposed changes were deemed to be fair and reasonable, taking into account the bargaining positions of the parties and the overall context of the workplace.

In light of the findings, the Fair Work Commission approved the Back In Motion Health Group Bundall Enterprise Agreement 2015. The approval was granted, ensuring that the agreement would become legally binding for the relevant employees and employers. The decision underscored the importance of genuine negotiation and fairness in enterprise agreements, reflecting the Commission's commitment to maintaining a balanced approach to industrial relations.

Justin Mistry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established