GO2 Recruitment Pty Ltd Summary

[2013] FWCA 4704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GO2 Recruitment Pty Ltd
(AG2013/7029)

GO2 RECRUITMENT PTY LTD - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 JULY 2013

Application for approval of the GO2 Recruitment Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GO2 Recruitment Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were GO2 Recruitment Pty Ltd and the Fair Work Commission, which was seeking to approve the GO2 Recruitment Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2013. The dispute centred around whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The court addressed several legal issues, including whether the agreement provided for the protection of employee interests, if it was in the public interest to approve the agreement, and whether the agreement complied with the procedural requirements for approval.

The court considered whether the agreement adequately safeguarded employee interests, particularly focusing on the terms and conditions provided for the employees of GO2 Recruitment Pty Ltd involved in the Gorgon Project on Barrow Island. The court also assessed if approving the agreement was in the public interest, considering factors such as the economic benefits of the Gorgon Project and the impact on employment conditions. Additionally, the court examined whether the agreement followed the necessary procedural requirements, including the provision of relevant documents and the opportunity for affected parties to make submissions.

After reviewing the evidence and arguments presented, the court determined that the agreement met all the statutory requirements for approval. The court found that the agreement effectively protected the interests of the employees by providing fair and reasonable terms and conditions. Furthermore, the court concluded that approving the agreement was in the public interest due to the significant economic benefits and employment opportunities associated with the Gorgon Project. Finally, the court confirmed that the procedural requirements had been adequately met. Consequently, the court approved the GO2 Recruitment Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2013.

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