The GO2 People Australia Pty Ltd

[2019] FWC 8692

[2019] FWC 8692

FAIR WORK COMMISSION

DECISION

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

The GO2 People Australia Pty Ltd
(AG2019/2930)

DEPUTY PRESIDENT ASBURY BRISBANE, 23 DECEMBER 2019

Application for approval of the GO2 People Australia Pty Ltd Black Coal Mining Industry Enterprise Agreement 2019 – application dismissed.

[1] On 17 December 2019, I issued a decision [[2019] FWC 8505] in this matter. In that decision I directed that the Applicant file any further decisions in support of the matters relating to genuine agreement and the better off overall test (BOOT), by 12.00 midday on Monday, 23 December 2019.

[2] With reference to the directions issued in that decision, the Applicant has written to my Chambers at 9:38am today, 23 December 2019, advising that it does not wish to make any further submissions in this matter.

[3] Having regard to the findings and conclusions in the decision of 17 December and in light of the Applicant’s indication that it does not intend to file any further material in support of its application, I cannot be satisfied that the proposed Agreement was genuinely agreed to or that it passes the BOOT.

[4] For these reasons and those set out in the decision on 17 December 2019, the application for approval of the GO2 People Australia Pty Ltd Black Coal Mining Industry Enterprise Agreement 2019 is refused, the application is dismissed and an Order to that effect will be issued with this Decision.

DEPUTY PRESIDENT

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