The Dandenongs Physio and Health Group Pty Ltd

[2016] FWCA 2182

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Dandenongs Physio and Health Group Pty Ltd T/A Back In Motion

Health Group Tecoma

(AG2016/2675)

BACK IN MOTION HEALTH GROUP TECOMA ENTERPRISE

AGREEMENT 2015

Health and welfare services

COMMISSIONER LEE

MELBOURNE, 6 APRIL 2016

Application for approval of the Back In Motion Health Group Tecoma Enterprise Agreement

2015.

[1] An application has been made for approval of an enterprise agreement known as the

Back In Motion Health Group Tecoma Enterprise Agreement 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by The Dandenongs Physio and Health Group Pty Ltd T/A Back In Motion Health Group

Tecoma. 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

13 April 2016. The nominal expiry date of the Agreement is 5 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves The Dandenongs Physio and Health Group Pty Ltd, trading as Back In Motion Health Group Tecoma, which applied for the approval of the Back In Motion Health Group Tecoma Enterprise Agreement 2015 under the Fair Work Act 2009. The application was lodged with the Fair Work Commission, and Commissioner Lee was responsible for making the decision. The primary issue for determination was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act.

The legal issues included whether the agreement had been made freely, without any form of coercion, and whether it complied with the provisions of the Fair Work Act regarding enterprise agreements. The court also needed to consider whether the agreement provided for the terms and conditions of employment in a manner that was consistent with the principles of the Act, including provisions for pay, hours of work, and other conditions of employment.

The Commissioner found that the application for approval satisfied all the necessary requirements under the Fair Work Act. The agreement was deemed to be made freely and without coercion, and it complied with all relevant provisions of the Act. The Commissioner was satisfied that the agreement was in the best interests of the employees and that it provided fair terms and conditions of employment. Consequently, the agreement was approved, and it was set to operate from 13 April 2016, with a nominal expiry date of 5 April 2020.

The final order of the court was the approval of the Back In Motion Health Group Tecoma Enterprise Agreement 2015, effective from 13 April 2016, until 5 April 2020. This decision ensures that the terms and conditions of employment for the employees under the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established