DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Physio & Pilates Pty Ltd T/A Back In Motion Health Group Northcote
(AG2016/3853)

BACK IN MOTION HEALTH GROUP NORTHCOTE ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Northcote 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 Northern Physio & Pilates Pty Ltd T/A Back In Motion Health Group Northcote. 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 10 August 2016. The nominal expiry date of the Agreement is 2 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Northern Physio & Pilates Pty Ltd T/A Back In Motion Health Group Northcote, the Fair Work Commission was tasked with assessing the approval of the Back In Motion Health Group Northcote Enterprise Agreement 2016. The applicant, Northern Physio & Pilates Pty Ltd, sought the approval of the agreement, which had been negotiated with the relevant union and covered employees within the specified enterprise. The dispute centred on the provisions within the agreement, including wages, conditions, and other employment terms, which were being contested by the parties involved.

The primary legal issues before the Commission were whether the agreement complied with the relevant legislative framework, including the Fair Work Act 2009, and whether it met the requirements for a valid enterprise agreement. This included determining whether the agreement had been made in good faith and whether it provided for the proper operation of businesses. Additionally, the Commission needed to consider the extent to which the agreement addressed the needs of the employees and whether it was fair and reasonable in all the circumstances.

In delivering its decision, the Fair Work Commission meticulously examined the provisions of the agreement and the context in which it was made. The Commission found that the agreement was consistent with the requirements of the Fair Work Act and that it had been negotiated in good faith. The Commission also determined that the agreement provided for the proper operation of the business and was fair and reasonable. Consequently, the Commission approved the Back In Motion Health Group Northcote Enterprise Agreement 2016, confirming its validity and enforceability. The decision underscores the importance of ensuring that enterprise agreements adhere to legislative standards while also balancing the interests of employers and employees.

Northern Physio & Pilates Pty Ltd T/A Back In Motion Health Group Northcote

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established