DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Physio Services Pty Ltd T/A Back In Motion Health Group Rowville
(AG2016/2700)

BACK IN MOTION HEALTH GROUP ROWVILLE ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 8 APRIL 2016

Application for approval of the Back In Motion Health Group Rowville Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Rowville 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 United Physio Services Pty Ltd T/A Back In Motion Health Group Rowville. 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 15 April 2016. The nominal expiry date of the Agreement is 7 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Physio Services Pty Ltd T/A Back In Motion Health Group Rowville applied to the Fair Work Commission for approval of the Back In Motion Health Group Rowville Enterprise Agreement 2016. The application was opposed by the Health Professionals and Allied Employees Union. The dispute centred on whether the agreement contained provisions that unfairly disadvantaged employees by restricting their rights to take industrial action.

The key legal issue for the Commission to decide was whether the provisions limiting the ability of employees to take industrial action were consistent with the provisions of the Fair Work Act 2009 that protect employees' rights to take such action. The Commission had to consider whether these provisions were necessary to ensure the ongoing operation of Back In Motion Health Group Rowville and whether they represented a fair and reasonable outcome for both parties.

The Fair Work Commission determined that the provisions limiting industrial action were necessary to maintain the ongoing operation of the business and were a fair and reasonable outcome. The Commission found that the agreement did not unconscionably disadvantage the employees and that it met the requirements of the Fair Work Act 2009. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Back In Motion Health Group Rowville Enterprise Agreement 2016, subject to the conditions and provisions outlined in the decision. The decision confirmed that the agreement was fair and reasonable and met the requirements of the Fair Work Act 2009.

United Physio Services Pty Ltd T/A Back In Motion Health Group Rowville

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established