DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rushabh Pattni
(AG2016/2930)

BACK IN MOTION HEALTH GROUP BALWYN ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 17 MAY 2016

Application for approval of the Back in Motion Health Group Balwyn Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Back in Motion Health Group Balwyn 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 Rushabh Pattni. 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 24 May 2016. The nominal expiry date of the Agreement is 16 May 2020.

COMMISSIONER

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Rushabh Pattni is a case before the Fair Work Commission in which the applicant, Rushabh Pattni, sought approval of the Back in Motion Health Group Balwyn Enterprise Agreement 2016. The agreement was submitted to the Commission under section 234 of the Fair Work Act 2009 for its approval as a single useful agreement, as well as for the purposes of the "better off overall test" under section 235 of the Act. The dispute arose from negotiations between the applicant and the Back in Motion Health Group Balwyn, regarding the terms and conditions of employment for the employees covered by the agreement.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act, and if it provided employees with outcomes that were no less favourable than those provided by the relevant award or safety net. Specifically, the Commission had to examine the agreement's compliance with the "single useful agreement" criterion, its alignment with the general protections and minimum entitlements outlined in the relevant awards, and whether the "better off overall test" was satisfied. The Commission also had to consider the implications of the agreement on the employees' rights and obligations, and whether it was in line with the principles of enterprise bargaining.

The Commission found that the Back in Motion Health Group Balwyn Enterprise Agreement 2016 met the criteria for approval under the Fair Work Act. It was determined to be a single useful agreement, as it was clear, concise, and free from unnecessary complexity. The Commission also found that the agreement provided employees with outcomes that were at least as favourable as those provided by the relevant award or safety net. The "better off overall test" was satisfied, as the agreement provided employees with a range of benefits that improved their overall employment conditions. The Commission approved the agreement, highlighting its positive impact on the employees and the parties' commitment to fair and productive workplace relations.

No further orders were made by the Commission, as the approval of the agreement was the primary objective of the application. The decision serves as a reminder of the importance of fair and transparent enterprise bargaining, and the role of the Fair Work Commission in facilitating the process.

Rushabh Pattni

DECISION

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Legal Principle Established