DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PhysioNow SA Pty Ltd T/A Back In Motion Health Group Hampstead Gardens
(AG2016/3513)

THE BACK IN MOTION HEALTH GROUP HAMPSTEAD GARDENS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of The Back in Motion Health Group Hampstead Gardens Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Back in Motion Health Group Hampstead Gardens 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 PhysioNow SA Pty Ltd T/A Back In Motion Health Group Hampstead Gardens. 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 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 12 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by PhysioNow SA Pty Ltd, trading as The Back in Motion Health Group Hampstead Gardens, for the approval of their Enterprise Agreement 2016. The applicants sought to have the agreement, which was intended to govern the terms and conditions of employment for certain employees within their organisation, formally endorsed by the Commission. This endorsement would ensure the agreement’s enforceability under the Fair Work Act 2009.

The central legal issues that the Commission had to resolve included whether the agreement met the procedural requirements for approval, such as the necessity for genuine bargaining and the adequacy of employee representation. Additionally, the Commission examined the substantive fairness of the agreement’s terms, particularly focusing on whether they provided for fair and reasonable remuneration and conditions of employment. The applicants needed to demonstrate that the agreement had been fairly negotiated and did not adversely affect the employees' rights or entitlements.

In evaluating the application, the Commission considered the evidence presented regarding the bargaining process, the representation of employees, and the content of the agreement itself. The Commission found that the agreement had been genuinely negotiated and that the procedural requirements for approval were satisfied. Furthermore, the terms of the agreement were deemed to be fair and reasonable, taking into account the overall context of the employment relationship and the industry standards. Consequently, the Commission approved the application, allowing the Enterprise Agreement 2016 to be formally recognised and enforceable.

The final orders of the Commission were to approve the Enterprise Agreement 2016, thereby providing legal recognition and enforceability to the terms outlined within the agreement. This approval ensures that the agreement can be implemented to govern the employment conditions of the relevant employees within The Back in Motion Health Group Hampstead Gardens.

PhysioNow SA Pty Ltd T/A Back In Motion Health Group Hampstead Gardens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established