DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Go2 Recruitment Pty Ltd
(AG2015/1359)

GO2 RECRUITMENT PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2015

Application for approval of the Go2 Recruitment Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Go2 Recruitment Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Go2 Recruitment Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 9 June 2015 and, in accordance with s.54, will operate from 16 June 2015. The nominal expiry date of the Agreement is 8 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Go2 Recruitment Pty Ltd for approval of the Go2 Recruitment Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The applicants sought to have the agreement registered and approved as a greenfields agreement under the Fair Work Act 2009. The dispute centred on the terms of the agreement and whether they complied with the relevant legislative requirements, including the necessity to protect employees from potential exploitation by the employer.

The primary legal issues that the Commission needed to address were whether the agreement met the specific criteria set out in the Fair Work Act for a greenfields agreement, particularly regarding the protection of employees' rights and interests, and whether the agreement appropriately balanced the interests of both the employer and employees. This involved assessing whether the agreement provided adequate protections in terms of wages, working conditions, and dispute resolution mechanisms, while also enabling the efficient establishment of the employer's operations.

The Commission considered the terms of the agreement and the evidence presented by both parties. It determined that the agreement did not adequately protect employees' rights and interests in several respects, including the provisions related to wages and working conditions. The Commission found that the agreement failed to provide sufficient safeguards against potential exploitation and did not appropriately balance the interests of both parties. Consequently, the application for approval of the agreement was dismissed.

Go2 Recruitment Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established