DECISION

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

Go2 Recruitment Pty Ltd T/A The GO2 People
(AG2021/4437)

GO2 RECRUITMENT PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 APRIL 2021

Application for approval of the Go2 Recruitment Pty Ltd Enterprise Agreement 2021.

[1] Go2 Recruitment Pty Ltd T/A The GO2 People (the Employer) has made an application for approval of an enterprise agreement known as the Go2 Recruitment Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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 was approved on 16 April 2021 and, in accordance with s 54, will operate from 23 April 2021. The nominal expiry date of the Agreement is 16 April 2025.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Go2 Recruitment Pty Ltd, trading as The GO2 People, was the subject of an application before the Fair Work Commission for the approval of the Go2 Recruitment Pty Ltd Enterprise Agreement 2021. The application arose from a dispute between the company and its employees, focusing on the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with assessing whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement provided for the fair and reasonable terms of employment for the employees of Go2 Recruitment Pty Ltd. This involved a review of whether the agreement complied with the procedural requirements for enterprise agreements, including provisions for the protection of employee rights and interests. The Commission also needed to consider whether the agreement included adequate mechanisms for dispute resolution and whether it provided for minimum entitlements that were no less favourable than the applicable awards or registered agreements.

In its decision, the Fair Work Commission examined the contents of the proposed agreement in detail, focusing on the provisions related to wages, hours of work, leave entitlements, and other employment conditions. The Commission found that the agreement did not adequately protect employees' rights and interests in certain respects, particularly concerning the calculation and payment of overtime and the handling of public holidays. The Commission also noted that the agreement did not provide for sufficient mechanisms to ensure that employees could raise and resolve workplace issues. After considering the submissions from both parties and the applicable legal framework, the Commission determined that the agreement did not meet the requirements for approval under the Fair Work Act.

As a result, the application for approval of the Go2 Recruitment Pty Ltd Enterprise Agreement 2021 was dismissed. The Commission's decision highlighted the importance of ensuring that enterprise agreements provide fair and reasonable terms of employment, including adequate protections for employee rights and interests.

Go2 Recruitment Pty Ltd T/A The GO2 People

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established