Star Physiotherapy Pty Ltd

[2013] FWCA 2106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Star Physiotherapy Pty Ltd
(AG2013/5595)

BACK IN MOTION HEALTH GROUP - BRIBIE ISLAND ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 10 APRIL 2013

Application for approval of the Back in Motion Health Group - Bribie Island Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Back in Motion Health Group - Bribie Island Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Star Physiotherapy Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 17 April 2013. The nominal expiry date of the Agreement is 9 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Physiotherapy Pty Ltd, the applicant, sought approval of the Back in Motion Health Group - Bribie Island Enterprise Agreement 2013. The respondents, the Health Services Union of Australia and various employees, challenged the proposed agreement. The case was heard in the Fair Work Commission. The primary legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, if it was made free of prohibited content, and if it complied with the procedural fairness requirements.

The Fair Work Commission found that the agreement was genuine, as it represented a bargain between the parties and covered a defined enterprise. The court held that the agreement did not contain any prohibited content, such as terms that would undermine the safety and health of employees. Regarding procedural fairness, the commission was satisfied that the employees had an opportunity to review and discuss the agreement. The commission noted the applicant's efforts to consult with the employees and the union, which contributed to the overall fairness of the process.

As a result of its findings, the Fair Work Commission approved the Back in Motion Health Group - Bribie Island Enterprise Agreement 2013. The decision was based on the conclusion that the agreement met all the necessary statutory requirements and was fair and reasonable in all the circumstances. The court did not make any specific orders beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established