DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Physiotherapy Pty Ltd T/A Back In Motion Health Group – South Bank
(AG2017/1949)

BACK IN MOTION HEALTH GROUP SOUTH BANK ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 9 JUNE 2017

Application for approval of the Back In Motion Health Group South Bank Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group South Bank 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 – South Bank. 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Star Physiotherapy Pty Ltd trading as Back In Motion Health Group – South Bank, the applicant, the Fair Work Commission was tasked with considering the application for approval of the Back In Motion Health Group South Bank Enterprise Agreement 2017. The dispute arose from negotiations between the employer and the union, resulting in the proposed agreement which needed approval before it could be enforced. The Fair Work Commission was required to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained the necessary provisions to be considered a low-paid industry award, as per the relevant legislation. This included assessing whether the agreement provided for minimum rates of pay and conditions of employment that were no less favourable than those in the applicable award. Furthermore, the Commission needed to ensure that the agreement was made in good faith and complied with all other relevant statutory requirements.

After thorough examination, the Fair Work Commission found that the proposed agreement met the statutory criteria for approval. The Commission determined that the agreement provided for minimum rates of pay and conditions that were no less favourable than those in the applicable award, and it was made in good faith. Additionally, the Commission concluded that the agreement complied with all other relevant statutory requirements. Consequently, the Commission approved the agreement under section 176 of the Fair Work Act 2009.

The Fair Work Commission approved the Back In Motion Health Group South Bank Enterprise Agreement 2017, effective from 1 July 2017, and registered it under section 177 of the Fair Work Act 2009. This decision ensures that the agreement will now govern the terms and conditions of employment for the employees covered by the agreement.

Star Physiotherapy Pty Ltd T/A Back In Motion Health Group – South Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established