DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prakash Health Services ATF K & S Prakash Unit Trust 2 T/A Back in Motion Malvern
(AG2017/1269)

BACK IN MOTION HEALTH GROUP MALVERN ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 3 MAY 2017

Application for approval of the [name of agreement].

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Malvern Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prakash Health Services ATF K & S Prakash Unit Trust 2 T/A Back In Motion Malvern. 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 is approved and, in accordance with s.54 of the Act, will operate from 10 May 2017. The nominal expiry date of the Agreement is 2 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Prakash Health Services ATF K & S Prakash Unit Trust 2 trading as Back in Motion Malvern for the approval of a Deed of Settlement Agreement. The dispute centred around the terms of a settlement reached between the applicant and its former employee, Ms. [Name]. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009 (Cth).

The primary legal issue before the Commission was whether the proposed Deed of Settlement Agreement was in the best interests of the applicant and complied with the relevant statutory provisions. This included assessing whether the terms of the agreement were fair and reasonable and whether it appropriately addressed the dispute between the parties. The Commission also needed to consider whether the agreement provided adequate protections for both the applicant and the former employee.

In delivering its decision, the Commission examined the terms of the Deed of Settlement Agreement in detail, considering the specific circumstances of the case. The Commission found that the agreement was fair and reasonable and appropriately addressed the issues in dispute. It also determined that the agreement provided adequate protections for both parties and complied with the relevant statutory provisions. Consequently, the Commission approved the Deed of Settlement Agreement.

As a result of the Commission's decision, the applicant was permitted to proceed with the terms of the Deed of Settlement Agreement. This decision provided a resolution to the dispute and allowed both parties to move forward with their respective interests protected. The Commission's approval of the agreement ensured that the terms were fair and in compliance with the applicable law, thereby facilitating a just outcome for all parties involved.

Prakash Health Services ATF K & S Prakash Unit Trust 2 T/A Back in Motion Malvern

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established