DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rezults Pty Ltd T/A Back In Motion Health Group Rowville
(AG2017/990)

BACK IN MOTION HEALTH GROUP ROWVILLE ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 3 MAY 2017

Application for approval of the Back in motion Health Group Rowville Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Rowville 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 Rezults Pty Ltd T/A Back In Motion Health Group Rowville. 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

Rezults Pty Ltd, trading as Back In Motion Health Group Rowville, made an application for the approval of the Back In Motion Health Group Rowville Enterprise Agreement 2017. The dispute arose in the Fair Work Commission of Australia, where the applicant sought to validate the agreement to ensure it complied with relevant labour laws. The key issue before the commission was whether the agreement met the necessary legal standards for approval, particularly focusing on the provisions concerning the classification and pay rates of employees.

The legal issues addressed by the commission included whether the agreement adequately provided for the classification of employees, ensured fair and reasonable terms for remuneration, and adhered to the procedural requirements for enterprise agreements under the Fair Work Act 2009. Additionally, the commission examined whether the agreement contained all the mandatory terms prescribed by the Act and whether the agreement was genuinely negotiated and agreed upon by the parties involved.

In its reasoning, the commission found that while the majority of the agreement complied with the statutory requirements, certain sections did not meet the necessary standards. The commission identified issues with the classification of employees and the pay rates provided for in the agreement. Despite these shortcomings, the commission exercised its discretion to approve the agreement, taking into account the overall fairness and reasonableness of the terms and the procedural integrity of the agreement. The commission determined that the benefits of approving the agreement outweighed the procedural flaws, particularly in ensuring fair and reasonable terms for the employees involved.

The final orders of the commission included the approval of the Back In Motion Health Group Rowville Enterprise Agreement 2017, subject to specific amendments to address the identified shortcomings in classification and pay rates. The commission mandated that these amendments be made within a specified timeframe to ensure compliance with the Fair Work Act 2009.

Rezults Pty Ltd T/A Back In Motion Health Group Rowville

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established