DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Beyond Recruitment Group
(AG2015/2540)

BEYOND RESOURCES WORKFORCE ENTERPRISE AGREEMENT 2015

Oil and gas industry
COMMISSIONER SIMPSON	BRISBANE, 4 JUNE 2015

Application for approval of the Beyond Resources Workforce Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Beyond Resources Workforce 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 Beyond Recruitment Group. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Beyond Recruitment Group to have the Beyond Resources Workforce Enterprise Agreement 2015 approved by the Fair Work Commission. The dispute centred on the terms of the agreement, which were being contested by the respondents, who argued that the agreement did not meet the statutory requirements for approval. The matter was heard in the Fair Work Commission.

The legal issues that the Commission had to address included whether the agreement was a genuine enterprise agreement, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether the application for approval should be granted. The Commission had to examine the evidence presented by both parties and determine if the agreement was appropriately negotiated and if it satisfied the criteria for a genuine enterprise agreement.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission considered the evidence presented by both parties and concluded that the agreement was an authentic enterprise agreement that had been negotiated in good faith. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009. Based on this finding, the Commission approved the Beyond Resources Workforce Enterprise Agreement 2015.

The Fair Work Commission approved the Beyond Resources Workforce Enterprise Agreement 2015, finding that it was a genuine enterprise agreement that complied with the relevant statutory requirements. The Commission's decision was based on the evidence presented by both parties and its determination that the agreement met the criteria for approval. The approval of the agreement means that it will now be binding on the parties who are covered by it.

Beyond Recruitment Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established