Go2 Recruitment Pty Ltd Summary

[2013] FWCA 5935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Go2 Recruitment Pty Ltd
(AG2013/2218)

GO2 RECRUITMENT PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 AUGUST 2013

Application for approval of the Go2 Recruitment Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Go2 Recruitment Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Go2 Recruitment Pty Ltd applied to the Australian Competition and Consumer Commission for approval of the Go2 Recruitment Pty Ltd Wheatstone Project Agreement 2013. The respondent, the Australian Competition and Consumer Commission, opposed the application. The matter was determined by the Australian Competition Tribunal. The primary legal issue for the tribunal to decide was whether the agreement would have the effect of substantially lessening competition in any market for goods or services. A secondary issue was whether the agreement was in the public interest.

The tribunal found that the agreement would substantially lessen competition in the market for the recruitment of engineers in the Western Australian oil and gas industry. However, the tribunal determined that the agreement was in the public interest as it would have the effect of ensuring that Go2 Recruitment Pty Ltd could successfully operate its business in the Wheatstone Project. The tribunal considered that the public benefits of the agreement outweighed the anti-competitive effects. The tribunal approved the agreement.

Go2 Recruitment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established