Melbourne Health Services Pty Ltd Summary

[2016] FWCA 1920

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Health Services Pty Ltd

(AG2016/2552)

BACK IN MOTION HEALTH GROUP, MELBOURNE ON COLLINS

ENTERPRISE AGREEMENT 2016

Health and welfare services

COMMISSIONER LEE

MELBOURNE, 30 MARCH 2016

Application for approval of the Back In Motion Health Group, Melbourne On Collins

Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Back In Motion Health Group, Melbourne On Collins 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 Melbourne Health Services Pty Ltd. The Agreement is a single enterprise

agreement.

[2] The Applicant 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.
[2016] FWCA 1920

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

6 April 2016. The nominal expiry date of the Agreement is 29 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1920

Annexure A

[2016] FWCA 1920

CaseChat Overview and Summary

Melbourne Health Services Pty Ltd applied to the Fair Work Commission for approval of the Back In Motion Health Group, Melbourne On Collins Enterprise Agreement 2016. The Commission was required to decide whether the Agreement met the requirements of the Fair Work Act 2009 and could be approved as a single enterprise agreement. Commissioner Lee was satisfied that the application met the legislative requirements and that the written undertakings provided by the Applicant would not cause financial detriment to employees or result in substantial changes to the Agreement.

The Commissioner concluded that the Agreement satisfied all the relevant requirements of the Fair Work Act, including those of sections 186, 187, 188 and 190. The Agreement was approved and would operate from 6 April 2016, with a nominal expiry date of 29 March 2020. The Commissioner provided a copy of the undertakings in Annexure A, which supported the conclusion that the Agreement was fair and reasonable.

This decision provides clarity for employers and employees regarding the approval of enterprise agreements under the Fair Work Act. The Commission's decision to approve the Agreement, subject to the undertakings provided, demonstrates the importance of meeting the legislative requirements for single enterprise agreements. The final orders of the Commission were that the Agreement be approved and would operate from 6 April 2016, with a nominal expiry date of 29 March 2020.

Melbourne Health Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established