DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PhysioNow SA Pty Ltd T/A Back In Motion Health Group Prospect
(AG2016/3303)

BACK IN MOTION HEALTH GROUP PROSPECT ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Prospect 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 Prospect. 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 24 June 2016 and, in accordance with s.54, will operate from 1 July 2016. The nominal expiry date of the Agreement is 24 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were PhysioNow SA Pty Ltd, trading as Back In Motion Health Group Prospect, and various employees represented by the Health Services Union of Australia. The nature of the dispute pertained to the application for approval of the Back In Motion Health Group Prospect Enterprise Agreement 2016. The matter was heard in the Australian Industrial Relations Commission.

The primary legal issues that the court had to address were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically section 232, and if the agreement had been fairly and genuinely negotiated. The court had to determine whether the agreement was consistent with the national employment standards, the provisions of the Fair Work Act, and if it provided for proper procedural fairness and transparency. Furthermore, the court examined if the agreement contained appropriate dispute resolution mechanisms and if it included provisions for the protection of employees' rights and interests.

The court considered the submissions and evidence presented by both parties, and it examined the contents of the agreement in detail. The court found that the agreement complied with the requirements of the Fair Work Act and had been genuinely negotiated. The agreement was deemed to be consistent with the national employment standards and the provisions of the Act. The court also concluded that the agreement provided for adequate procedural fairness and transparency, and it contained suitable dispute resolution mechanisms. The court was satisfied that the agreement adequately protected employees' rights and interests. Therefore, the court approved the Back In Motion Health Group Prospect Enterprise Agreement 2016.

The final orders of the court were that the Back In Motion Health Group Prospect Enterprise Agreement 2016 was approved, and it would come into effect on the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would be binding on all parties involved. The decision also provided for the agreement to be reviewed and potentially amended in the future, in accordance with the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established