DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Michael Ryan
(AG2015/7736)

BACK IN MOTION HEALTH GROUP COOROY ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 11 JANUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Cooroy 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 Michael Ryan. 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 18 January 2016. The nominal expiry date of the Agreement is 10 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Michael Ryan, a former employee of Back In Motion Health Group, sought approval of the Back In Motion Health Group Cooroy Enterprise Agreement 2015. The application was brought before the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred around whether the agreement was genuinely negotiated and fairly represented the interests of both employers and employees.

The legal issues before the FWC included verifying if the agreement had been fairly negotiated, considering the role of the union in the negotiation process, and whether the agreement provided adequate protections and benefits for the employees. Additionally, the court had to assess whether the agreement complied with the procedural requirements outlined in the Fair Work Act, including ensuring proper notification and consultation processes were followed.

The FWC found that the agreement was genuinely negotiated and adequately represented the interests of the parties involved. It confirmed that the union played an appropriate role in the negotiation process, and that the agreement provided suitable protections and benefits for the employees. Furthermore, the FWC determined that all procedural requirements were met, including proper notification and consultation. Consequently, the FWC approved the agreement.

As a result of the FWC's decision, the Back In Motion Health Group Cooroy Enterprise Agreement 2015 was approved and will now govern the employment terms and conditions for the relevant employees. The court's approval signifies that the agreement is deemed fair and in compliance with the statutory requirements.

Michael Ryan

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established