DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Physiotherapy Pty Ltd T/A Back In Motion Health Group Como
(AG2016/3827)

BACK IN MOTION HEALTH GROUP COMO ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Back in Motion Health Group Como 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 Star Physiotherapy Pty Ltd T/A Back In Motion Health Group Como. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2016. The nominal expiry date of the Agreement is 2 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Star Physiotherapy Pty Ltd T/A Back In Motion Health Group Como, the Fair Work Commission was tasked with the approval of a proposed enterprise agreement. The agreement, titled the Back in Motion Health Group Como Enterprise Agreement 2016, was submitted by the employer for endorsement, following consultations between the employer and the employees represented by the Health Professionals and Officers Association (HPAO). The primary nature of the dispute revolved around the fairness and appropriateness of the terms and conditions outlined in the agreement.

The central legal issues before the Commission were whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. Key points of contention included the classification of employees, wage rates, penalty rates, and other employment conditions such as leave entitlements and hours of work. Additionally, the Commission had to consider whether the agreement provided adequate protection and benefits for the employees, and whether it adhered to the principles of procedural fairness.

The Fair Work Commission, after carefully reviewing the submissions from both parties and considering the relevant legislative framework, determined that the proposed agreement was fair and appropriate. The Commission found that the agreement provided for reasonable terms and conditions of employment, including adequate wage rates and leave entitlements, while also accommodating the operational requirements of the employer. The Commission highlighted that the agreement had been negotiated in good faith and that it met the statutory requirements for approval. Consequently, the application for the approval of the Back in Motion Health Group Como Enterprise Agreement 2016 was granted.

Star Physiotherapy Pty Ltd T/A Back In Motion Health Group Como

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established