DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rodda Practice Management Pty Ltd as Trustee for The Rodda Family Trust T/A Back In Motion Health Group Woodville
(AG2016/2660)

BACK IN MOTION HEALTH GROUP WOODVILLE ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 6 APRIL 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Woodville 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 Rodda Practice Management Pty Ltd as Trustee for the Rodda Family Trust T/A Back In Motion Health Group Woodville. 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 13 April 2016. The nominal expiry date of the Agreement is 5 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Rodda Practice Management Pty Ltd, as trustee for the Rodda Family Trust, trading as Back In Motion Health Group Woodville, which sought approval of the Back In Motion Health Group Woodville Enterprise Agreement 2016. The application was made under the Fair Work Act 2009 (Cth). The dispute centred around the terms and conditions of employment for employees working within the health services industry, specifically physiotherapists, exercise physiologists, massage therapists, and other allied health professionals employed by Back In Motion Health Group Woodville. The application was heard by the Fair Work Commission.

The key legal issues the court needed to address were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act, particularly section 230, which sets out the requirements for an enterprise agreement to be approved. This included examining whether the agreement was made in good faith, whether it covered all employees within the bargaining unit, and whether it met the requirements for independent dispute resolution. The court also considered whether the agreement contained any provisions that might be contrary to public policy or contrary to any other law.

The Fair Work Commission examined the evidence and submissions provided by both parties. The Commission found that the enterprise agreement was made in good faith and met the requirements of the Fair Work Act. The agreement was comprehensive, covering all employees within the bargaining unit, and contained provisions for independent dispute resolution. The Commission concluded that the agreement did not contain any provisions that were contrary to public policy or any other law. As a result, the Fair Work Commission approved the Back In Motion Health Group Woodville Enterprise Agreement 2016.

Rodda Practice Management Pty Ltd as Trustee for The Rodda Family Trust T/A Back In Motion Health Group Woodville

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established