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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of The GO2 People Australia Pty Ltd, the Fair Work Commission was presented with an application to approve the Black Coal Mining Industry Enterprise Agreement 2019. The application was made by the employer, GO2 People Australia Pty Ltd, and the relevant unions. The dispute centred on the procedural and substantive fairness of the agreement, particularly in terms of its compliance with the statutory requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act, and if it met the substantive fairness test. Specifically, the Commission needed to determine if the employer had engaged in genuine bargaining with the unions, and whether the terms of the agreement were fair and reasonable. The unions argued that the employer had failed to genuinely bargain and that certain terms of the agreement were unfair.

The Fair Work Commission found that the employer had not genuinely bargained with the unions, as required by the Act. The Commission noted that the employer had not provided adequate information to the unions and had not engaged in meaningful discussions. Furthermore, the Commission held that certain terms of the agreement were unfair, including provisions relating to pay rates and redundancy entitlements. Given these findings, the Commission dismissed the application for approval of the agreement. The Commission concluded that the agreement did not meet the statutory requirements of the Act and was not fair and reasonable.

The Commission's final orders were that the application for approval of the Black Coal Mining Industry Enterprise Agreement 2019 be dismissed. The Commission did not grant the approval sought by the employer and unions, and the agreement remained unregistered. The Commission's decision highlights the importance of genuine bargaining and compliance with the statutory requirements of the Act when seeking to register an enterprise agreement.

The GO2 People Australia 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