DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North East Health Services Pty Ltd T/A Back In Motion Health Group Campbelltown
(AG2016/4676)

BACK IN MOTION HEALTH GROUP CAMPBELLTOWN ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Back In Motion Health Group Campbelltown Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Back in Motion Health Group Campbelltown 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 North East Health Services Pty Ltd T/A Back In Motion Health Group Campbelltown. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2016. The nominal expiry date of the Agreement is 19 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE421183 PR585532>
Annexure A

CaseChat Overview and Summary

North East Health Services Pty Ltd T/A Back In Motion Health Group Campbelltown recently faced a legal challenge in the Fair Work Commission concerning the approval of the Back In Motion Health Group Campbelltown Enterprise Agreement 2016. The dispute arose from the need to ensure the agreement was compliant with the Fair Work Act 2009 and represented the interests of the employees fairly. The Fair Work Commission was tasked with examining the application for the agreement's approval and determining whether it met the necessary statutory requirements.

The legal issues central to this case revolved around whether the application process had been correctly followed, whether the agreement contained the mandatory minimum terms and conditions required by the Act, and if the agreement was genuinely negotiated and not imposed. The Commission also needed to assess whether the agreement complied with the procedural fairness principle, ensuring that all parties had an opportunity to be heard. The fairness and reasonableness of the agreement, both in its negotiation and its contents, were critical considerations.

In its decision, the Fair Work Commission found that the application for approval was properly made and that the agreement contained the requisite minimum terms and conditions. The Commission determined that the negotiation process had been fair, and that the agreement was reasonable in its entirety. It was concluded that the agreement was not unfair to any party and met all statutory requirements. Consequently, the Commission approved the Back In Motion Health Group Campbelltown Enterprise Agreement 2016, affirming its compliance with the Fair Work Act 2009.

North East Health Services Pty Ltd T/A Back In Motion Health Group Campbelltown

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established