DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Physio East Tas Pty Ltd
(AG2015/5576)

BACK IN MOTION HEALTH GROUP ROSNY PARK ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROBERTS	SYDNEY, 12 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Rosny Park Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Physio East Tas Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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, will operate from 19 September 2015. The nominal expiry date is 18 September 2019 .

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Physio East Tas Pty Ltd, an employer, applied for approval of the Back In Motion Health Group Rosny Park Enterprise Agreement 2015 with the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009, and the dispute involved whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it was properly certified as a simple greenfields agreement, and whether the agreement complied with the requirements of the Fair Work Act. The Commission also considered whether the agreement adequately covered all the matters required by the Act and whether it was consistent with the national employment standards.

The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was properly certified as a simple greenfields agreement. The Commission also found that the agreement complied with the requirements of the Fair Work Act and adequately covered all the matters required by the Act. The Commission was satisfied that the agreement was consistent with the national employment standards and was therefore approved the agreement.

The Commission approved the Back In Motion Health Group Rosny Park Enterprise Agreement 2015 with some minor modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement's provisions on termination of employment and the calculation of penalties for termination. The employer and the employees were directed to implement the modified agreement.

Physio East Tas 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