DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wyndham Wellness Centre Pty Ltd T/A Back In Motion Werribee
(AG2017/1588)

BACK IN MOTION HEALTH GROUP WERRIBEE ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 23 MAY 2017

Application for approval of the Back in Motion Health Group Werribee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Werribee 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 Werribee. 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 30 May 2017. The nominal expiry date of the Agreement is 22 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the Back in Motion Health Group Werribee Enterprise Agreement 2015, submitted by Wyndham Wellness Centre Pty Ltd, trading as Back in Motion Werribee. The application was brought before the Commission by the Australian Health Services Union, which represented the employees of the company. The primary dispute centred on the terms and conditions of employment within the enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable minimum rate of pay for employees, the classification of roles within the organisation, and whether the agreement included appropriate dispute resolution mechanisms. The Commission also needed to assess if the agreement met the criteria for being a single-enterprise agreement and whether it contained the necessary provisions to be approved under the Act.

In determining the application, the Commission examined the submissions from both the employer and the union, along with any relevant evidence. The Commission found that the agreement provided for fair and reasonable minimum rates of pay, and it appropriately classified roles within the organisation. The Commission was satisfied that the agreement included suitable dispute resolution mechanisms and met the criteria for a single-enterprise agreement. Therefore, the Commission approved the application, and the Back in Motion Health Group Werribee Enterprise Agreement 2015 was registered with the Fair Work Commission.

Wyndham Wellness Centre Pty Ltd T/A Back In Motion Werribee

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established