DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mermaid Beach Physiotherapy Pty Ltd T/A Back In Motion Health Group Mermaid Beach
(AG2017/961)

BACK IN MOTION HEALTH GROUP MERMAID BEACH ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 22 MAY 2017

Application for approval of the Back in Motion Health Group Mermaid Beach Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Mermaid Beach 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 Mermaid Beach Physiotherapy Pty Ltd T/A Back In Motion Health Group Mermaid Beach. 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 29 May 2017. The nominal expiry date of the Agreement is 21 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mermaid Beach Physiotherapy Pty Ltd, trading as Back In Motion Health Group Mermaid Beach, applied to the Fair Work Commission for approval of the Back In Motion Health Group Mermaid Beach Enterprise Agreement 2017. The application followed a period of negotiations between the employer and the employees represented by the Health Services Union of Australia, the Australian Nursing and Midwifery Federation, and the Australian Manufacturing Workers Union. The primary dispute centred around the terms and conditions of employment, including wages, hours of work, and other workplace arrangements.

The legal issues before the Commission involved assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms, if it had been made in good faith, and if it included the necessary safety net provisions. The Commission also considered the extent to which the agreement reflected the principles of enterprise bargaining as established in the Act.

In its decision, the Fair Work Commission found that the agreement was made in good faith and provided for fair and reasonable terms of employment. The Commission noted that the agreement contained provisions for minimum wages, penalty rates, and other conditions that aligned with the safety net provisions required by law. The Commission also highlighted that the agreement included mechanisms for resolving disputes and provided for the protection of employees' rights. Based on these findings, the Commission approved the enterprise agreement, stating that it met the necessary statutory criteria and was in the best interests of the employees and the employer.

The Fair Work Commission's final order was the approval of the Back In Motion Health Group Mermaid Beach Enterprise Agreement 2017, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between the employer and the employees represented by the unions. The decision underscored the importance of fair and reasonable workplace agreements that balance the interests of both employers and employees.

Mermaid Beach Physiotherapy Pty Ltd T/A Back In Motion Health Group Mermaid Beach

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established