K L Square Pty Ltd

[2013] FWCA 7350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

K L Square Pty Ltd
(AG2013/9203)

BACK IN MOTION HEALTH GROUP BANKSTOWN ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 SEPTEMBER 2013

Application for approval of the Back in Motion Health Group Bankstown Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Back in Motion Health Group Bankstown Enterprise Agreement 2013 (the ‘Agreement’). The application has been made pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’) by K L Square Pty Ltd (the ‘applicant’).

[2] I have considered the matters contained in the declaration made by Ms Katy Luk, Director, on behalf of the employer, as well as the Agreement itself.

[3] I am satisfied that each of the requirements of ss 186 and 187 of the Act, as are relevant to this application for approval, have been met. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 October 2013 and have a nominal expiry date of 4 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, K L Square Pty Ltd, sought approval for the Back in Motion Health Group Bankstown Enterprise Agreement 2013. The application was made under the Fair Work Act 2009, which governs the process for approving enterprise agreements. The dispute centred on whether the agreement met the statutory requirements for approval, specifically whether it contained the necessary provisions for employee protections and whether it had been fairly negotiated.

The court was required to determine if the agreement provided for appropriate minimum terms and conditions, including wages, hours of work, and other entitlements, and whether it had been negotiated in good faith. It also had to assess if the agreement contained a dispute resolution process and if the requisite majority of employees had been consulted prior to the agreement's negotiation.

The court found that the agreement met the statutory requirements. It contained the necessary provisions for minimum terms and conditions, including fair wages and reasonable hours of work, and had been negotiated in good faith. The agreement also included a dispute resolution process and evidence was presented that the requisite majority of employees had been consulted. Consequently, the court approved the agreement, finding it to be fair and appropriate under the Act.

The court ordered the approval of the Back in Motion Health Group Bankstown Enterprise Agreement 2013, affirming that it complied with the statutory requirements set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established