DECISIO0N

Fair Work Act 2009
s.185—Enterprise agreement

Two Men And A Boat Pty Ltd T/A Back In Motion Health Group Bentleigh
(AG2017/1080)

BACK IN MOTION HEALTH GROUP BENTLEIGH ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 3 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Bentleigh 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 Two Men And A Boat Pty Ltd T/A Back In Motion Health Group Bentleigh. 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 10 May 2017. The nominal expiry date of the Agreement is 2 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Two Men And A Boat Pty Ltd, trading as Back In Motion Health Group Bentleigh, applied to the Fair Work Commission for approval of the Back In Motion Health Group Bentleigh Enterprise Agreement 2017. The agreement, being a single enterprise agreement, was submitted under section 185 of the Fair Work Act 2009. The primary objective of the application was to ensure the agreement met the necessary requirements for approval and would subsequently come into effect.

The legal issues before the Commission included verifying whether the application fulfilled the requirements set out in sections 186, 187, and 188 of the Act. Specifically, the Commission had to ensure the agreement was genuinely negotiated, did not include any prohibited content, and was in compliance with the procedural requirements stipulated by the Act. Additionally, the Commission assessed if the agreement was fair and reasonable, considering the interests of both employees and employers.

Upon thorough review, the Commissioner determined that all requisite criteria for approval were satisfied. The agreement was found to be genuinely negotiated, free from prohibited content, and compliant with procedural requirements. Furthermore, the agreement was deemed fair and reasonable, taking into account the interests of both parties. Consequently, the Commissioner approved the agreement, which will operate from 10 May 2017, with a nominal expiry date of 2 May 2021.

Two Men And A Boat Pty Ltd T/A Back In Motion Health Group Bentleigh

DECISIO0N

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established