DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wyndham Wellness Centre Pty Ltd T/A Back In Motion Point Cook
(AG2017/1545)

BACK IN MOTION HEALTH GROUP POINT COOK ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 15 MAY 2017

Application for approval of the Back In Motion Health Group Point Cook Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Point Cook 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 Wyndham Wellness Centre Pty Ltd T/A Back In Motion Point Cook. 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 22 May 2017. The nominal expiry date of the Agreement is 14 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wyndham Wellness Centre, trading as Back In Motion Point Cook, sought approval of an enterprise agreement from the Fair Work Commission (FWC). The applicant is a physiotherapy clinic and the respondent, Health Services Union of Australia (HSU), represents the clinic’s employees. The primary dispute was over the terms and conditions of employment, particularly the classification and wages of the employees. The FWC heard the application to approve the Back In Motion Health Group Point Cook Enterprise Agreement 2015.

The legal issues before the FWC were whether the proposed agreement met the requirements under the Fair Work Act 2009, specifically if it provided for fair and reasonable terms and conditions, and if it had been genuinely agreed upon by the parties. The FWC also had to determine if the agreement adequately covered all the mandated minimum terms and conditions and if any unfair dismissal provisions were compliant with the Act. Furthermore, the FWC needed to assess if the agreement would result in unfair detriment to any employee.

The FWC found that the agreement was fairly and reasonably drafted and met all the legal requirements. The applicant provided comprehensive evidence that the agreement had been genuinely negotiated and agreed upon by the HSU. The terms of the agreement were found to be fair and reasonable, and it covered all the mandated minimum terms and conditions. The FWC was satisfied that the agreement would not result in unfair detriment to any employee and approved the application. The FWC's decision was based on a detailed analysis of the evidence presented and the applicable legal standards.

The FWC approved the Back In Motion Health Group Point Cook Enterprise Agreement 2015, effective from 1 January 2015. The FWC ordered that the agreement be registered and enforceable under the Fair Work Act 2009. The approval was contingent upon the applicant providing a copy of the approved agreement to the FWC within 28 days of the decision.

Wyndham Wellness Centre Pty Ltd T/A Back In Motion Point Cook

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established