Physio East Tas Pty Ltd

[2014] FWCA 6062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Physio East Tas Pty Ltd
(AG2014/6418)

THE BACK IN MOTION HEALTH GROUP ROSNY PARK ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Back in Motion Health Group Rosny Park Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as The Back in Motion Health Group Rosny Park Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Physio East Tas Pty Ltd (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2014. The nominal expiry date of the Agreement is 10 September 2018.

COMMISSIONER

Annexure A

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CaseChat Overview and Summary

The applicants, Physio East Tas Pty Ltd, sought approval of the Back in Motion Health Group Rosny Park Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was required to determine whether the agreement was a suitable enterprise agreement within the meaning of section 224 of the Fair Work Act 2009. The applicant argued that the agreement met all the legal requirements for an enterprise agreement and that it was appropriate for the members of the relevant bargaining unit to be covered by it.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for an enterprise agreement and whether it was appropriate for the members of the bargaining unit to be covered by it. The Commission considered whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions of employment. The Commission also considered whether the agreement provided for the proper protection of the interests of the employees and whether it was appropriate for the members of the bargaining unit to be covered by it.

The Commission found that the agreement met all the legal requirements for an enterprise agreement and that it was appropriate for the members of the bargaining unit to be covered by it. The Commission was satisfied that the agreement had been made in good faith and contained the necessary minimum terms and conditions of employment. The Commission also found that the agreement provided for the proper protection of the interests of the employees and that it was appropriate for the members of the bargaining unit to be covered by it.

The Commission approved the Back in Motion Health Group Rosny Park Enterprise Agreement 2014, which will now be binding on the members of the bargaining unit and the applicant. The agreement will apply to the employees of the applicant who are members of the bargaining unit, and it will set out their terms and conditions of employment. The agreement will remain in force until it is replaced by a new enterprise agreement or until it is terminated in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established