The Back in Motion Health Group Actif Peninsula Health Service Pty Ltd Summary

[2013] FWCA 7873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Back in Motion Health Group Actif Peninsula Health Service Pty Ltd
(AG2013/8564)

THE BACK IN MOTION HEALTH GROUP ACTIF ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 9 OCTOBER 2013

Application for approval of The Back in Motion Health Group Actif Enterprise Agreement 2013.

[1] On 15 August 2013 an application was made for approval of an enterprise agreement known as The Back in Motion Health Group Actif Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by The Back in Motion Health Group Actif Peninsula Health Service Pty Ltd (Applicant). The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 October 2013. The nominal expiry date of the Agreement is 16 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, The Back in Motion Health Group Actif Peninsula Health Service Pty Ltd, sought approval for the Back in Motion Health Group Actif Enterprise Agreement 2013. This agreement was entered into between the applicant and its employees. The respondents were various unions, which objected to the approval of the agreement on various grounds. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the agreement complied with the relevant legislative requirements, and whether it contained any unfair provisions that would disqualify it from approval. The unions argued that certain terms of the agreement were unfair and that the agreement failed to comply with specific sections of the Fair Work Act 2009. The applicant, on the other hand, maintained that the agreement was fair and met all the necessary legislative criteria.

The Commission considered the terms of the agreement and the objections raised by the unions. The Commission examined whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions. The Commission also assessed whether the agreement contained any provisions that would be considered unfair under the Fair Work Act 2009. After careful consideration, the Commission found that the agreement was fair and met the legislative requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and did not contain any unfair provisions.

The Commission approved the Back in Motion Health Group Actif Enterprise Agreement 2013, finding it to be fair and compliant with the Fair Work Act 2009. The unions' objections were dismissed, and the agreement was approved as a registered agreement. The applicant was permitted to implement the terms of the agreement, and the unions were required to comply with the agreement as a binding contract.

The Back in Motion Health Group Actif Peninsula Health Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established