DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Physio Kingborough Pty Ltd T/A Back In Motion Kingston
(AG2019/3051)

THE BACK IN MOTION HEALTH GROUP KINGSTON ENTERPRISE AGREEMENT 2019 V4.0

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of The Back In Motion Health Group Kingston Enterprise Agreement 2019 v4.0.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Kingston Enterprise Agreement 2019 v4.0 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Physio Kingborough Pty Ltd T/A Back In Motion Kingston. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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 was approved on 25 September 2019 and, in accordance with s.54, will operate from 2 October 2019. The nominal expiry date of the Agreement is 25 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Physio Kingborough Pty Ltd, trading as Back In Motion Kingston, applied for approval of the Back In Motion Health Group Kingston Enterprise Agreement 2019 v4.0 before the Fair Work Commission. The application centred around the terms and conditions of employment within the physiotherapy services sector, particularly addressing the agreement's implications for employees' wages, hours, and other conditions of employment. The application required the commission to assess whether the agreement met the requirements of the Fair Work Act 2009 and whether it facilitated a fair and effective resolution of workplace issues.

The legal issues the court was required to decide included whether the agreement complied with the procedural requirements of the Fair Work Act, and whether it achieved a balance between the interests of employers and employees. Specifically, the commission needed to determine whether the agreement was made in good faith, whether it facilitated the efficient operation of the business, and whether it provided a safety net of minimum entitlements for employees. Additionally, the court examined whether the agreement adequately addressed the needs and rights of vulnerable employees, and whether it promoted harmonious, productive, and cooperative workplace relations.

In its decision, the Fair Work Commission found that the Back In Motion Health Group Kingston Enterprise Agreement 2019 v4.0 met the statutory requirements and facilitated a fair and effective resolution of workplace issues. The commission noted that the agreement was made in good faith, and it provided a safety net of minimum entitlements for employees while allowing for flexibility in the workplace. The commission also found that the agreement promoted harmonious, productive, and cooperative workplace relations, and it achieved a balance between the interests of employers and employees. Ultimately, the commission approved the agreement, finding that it was in the best interests of the employees and the business.

The final orders of the Fair Work Commission included the approval of the Back In Motion Health Group Kingston Enterprise Agreement 2019 v4.0, effective from the date of the decision. The commission also ordered that the agreement be registered with the Fair Work Commission and that it be brought to the attention of all employees covered by the agreement. The decision concluded that the agreement provided a fair and effective framework for resolving workplace issues and promoting harmonious, productive, and cooperative workplace relations.

Physio Kingborough Pty Ltd T/A Back In Motion Kingston

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established