DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Performance with People Pty Ltd
(AG2016/5909)

GO2 RECRUITMENT PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Go2 Recruitment Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Go2 Recruitment Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Performance with People Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 14 October 2016. The nominal expiry date of the Agreement is 6 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Performance with People Pty Ltd, the Fair Work Commission was asked to approve the Go2 Recruitment Pty Ltd Enterprise Agreement 2016. The application was made by Go2 Recruitment Pty Ltd, the employer, in accordance with the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, specifically concerning the appropriate process for the negotiation and approval of the agreement.

The primary legal issues before the Commission involved the procedural fairness of the negotiation process and the content of the agreement. The Commission needed to determine if the employer had followed the correct procedures when negotiating the agreement with the employees' representatives and if the agreement contained terms that were fair and reasonable in all respects. This included examining whether the agreement had been negotiated in good faith and whether it complied with the mandatory terms and conditions set out in the Fair Work Act.

In its decision, the Commission examined the evidence provided by both parties and found that the employer had followed the appropriate process in negotiating the agreement. The Commission concluded that the negotiation process was procedurally fair and that the agreement was made in good faith. The content of the agreement was also found to be fair and reasonable, meeting all the necessary criteria under the Act. As a result, the Commission approved the Go2 Recruitment Pty Ltd Enterprise Agreement 2016.

Consequently, the Fair Work Commission granted the application for approval of the enterprise agreement. The decision underscores the importance of following proper negotiation procedures and ensuring that the terms of an enterprise agreement are fair and reasonable. This case serves as a reminder to employers and employees of the obligations they must meet when negotiating and approving such agreements.

Performance with People 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