DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Physiotherapy Pty Ltd T/A Back In Motion Health Group – Bribie Island
(AG2017/1940)

BACK IN MOTION HEALTH GROUP BRIBIE ISLAND ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 9 JUNE 2017

Application for approval of the Back In Motion Health Group Bribie Island Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Bribie Island 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 Star Physiotherapy Pty Ltd T/A Back In Motion Health Group – Bribie Island. 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 16 June 2017. The nominal expiry date of the Agreement is 8 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

Star Physiotherapy Pty Ltd T/A Back In Motion Health Group – Bribie Island applied to the Fair Work Commission for approval of the Back In Motion Health Group Bribie Island Enterprise Agreement 2017. The application followed the Fair Work Commission’s refusal to approve the agreement, which had been referred to it by the parties. The Commission was required to determine whether the application met the criteria for approval under section 229 of the Fair Work Act 2009.

The legal issue the Commission was required to decide was whether the enterprise agreement was in the interests of the employees, and whether it met the criteria for approval under section 229 of the Fair Work Act 2009. The Commission considered whether the agreement was a good faith tool for facilitating productivity and efficiency within the enterprise, and whether it promoted workplace harmony.

The Commission found that the agreement was in the interests of the employees, and met the criteria for approval. It found that the agreement promoted workplace harmony by providing for the resolution of workplace disputes and grievances, and by establishing a culture of teamwork and cooperation. The Commission also found that the agreement facilitated productivity and efficiency by providing for flexible working arrangements and by promoting the use of technology to improve patient care. The Commission was satisfied that the agreement was a good faith tool for facilitating productivity and efficiency within the enterprise. The Commission approved the agreement, and made orders to that effect.

Star Physiotherapy Pty Ltd T/A Back In Motion Health Group – Bribie Island

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established