DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Physiowealth Pty. Ltd. ATF Physiowealth Unit Trust
(AG2016/2043)

BACK IN MOTION HEALTH GROUP SYDENHAM ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2016

Application for approval of the Back in Motion Health Group Sydenham Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Back in Motion Health Group Sydenham Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Physiowealth Pty. Ltd. ATF Physiowealth Unit Trust. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 22 January 2016. The nominal expiry date of the Agreement is 14 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Physiowealth Pty. Ltd., acting as trustee for the Physiowealth Unit Trust, and related parties. The dispute pertained to the application for approval of the Back in Motion Health Group Sydenham Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The core legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, and whether the process for its creation and negotiation was fair and lawful. Specifically, the Commission had to determine if the agreement was made in good faith and if it met the criteria for being a genuine enterprise agreement.

The Fair Work Commission examined the process and content of the agreement. It was critical to assess whether the employer had genuinely attempted to negotiate with the employees and their representatives and if the agreement reflected a true consensus. The Commission also had to consider if the agreement met the legal standards concerning minimum entitlements, procedural fairness, and compliance with the relevant provisions of the Fair Work Act. Ultimately, the Commission found that the agreement was made in good faith and met the necessary criteria for approval. The Commission was satisfied that the process was fair and that the agreement provided for the employees' minimum entitlements.

The Fair Work Commission approved the Back in Motion Health Group Sydenham Enterprise Agreement 2015. The decision was based on the evidence presented, which demonstrated that the agreement was negotiated in good faith and complied with the statutory requirements. The Commission determined that the employer had made a genuine effort to negotiate and that the agreement reflected a fair and reasonable outcome for the employees. The decision was made in accordance with the Fair Work Act, ensuring that the agreement was lawful and met all necessary standards.

Physiowealth Pty. Ltd. ATF Physiowealth Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established