DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Health Services Pty Ltd
(AG2016/2248)

BACK IN MOTION HEALTH GROUP BRUNSWICK ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 10 FEBRUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Brunswick 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 Northern Health Services Pty Ltd. 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 was approved on 10 February 2016 and, in accordance with s.54, will operate from 17 February 2016. The nominal expiry date of the Agreement is 10 February 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Northern Health Services Pty Ltd, applied to the Fair Work Commission for approval of the Back In Motion Health Group Brunswick Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for the workers under the agreement and whether it met the requirements of the Fair Work Act 2009. The nature of the dispute was whether the agreement provided for fair and reasonable terms and conditions and complied with the relevant legislative provisions.

The legal issues the court was required to decide included whether the agreement provided for fair and reasonable terms and conditions for the workers, whether the agreement complied with the procedural requirements of the Fair Work Act 2009, and whether the agreement was made in good faith. The court also needed to consider whether the agreement provided for a fair and reasonable safety net for the workers and whether it complied with the relevant minimum standards set out in the National Employment Standards.

The court found that the agreement provided for fair and reasonable terms and conditions for the workers, complied with the procedural requirements of the Fair Work Act 2009, and was made in good faith. The court also found that the agreement provided for a fair and reasonable safety net for the workers and complied with the relevant minimum standards set out in the National Employment Standards. The court approved the agreement, and it became a registered enterprise agreement under the Fair Work Act 2009.

The court found that the agreement provided for fair and reasonable terms and conditions for the workers, complied with the procedural requirements of the Fair Work Act 2009, and was made in good faith. The court also found that the agreement provided for a fair and reasonable safety net for the workers and complied with the relevant minimum standards set out in the National Employment Standards. The court approved the agreement, and it became a registered enterprise agreement under the Fair Work Act 2009. The applicant was granted the relief it sought, and the agreement was approved as a registered enterprise agreement.

Northern Health Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established