Ribshire Pty Ltd T/A Goodline

[2014] FWCA 98

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ribshire Pty Ltd T/A Goodline
(AG2013/10194)

GOODLINE GREATER NAMMULDI PROJECT AMWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JANUARY 2014

Application for approval of the Goodline Greater Nammuldi Project AMWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goodline Greater Nammuldi Project AMWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ribshire Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[4] The Agreement was approved on 7 January 2014 and, in accordance with s.54, will operate from 14 January 2014. The nominal expiry date of the Agreement is 14 July 2015

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ribshire Pty Ltd, trading as Goodline, sought approval of the Goodline Greater Nammuldi Project AMWU Greenfields Agreement 2013, in the Fair Work Commission. The Australian Manufacturing Workers’ Union (AMWU) filed an objection to the application. The dispute centred on whether the agreement should be approved and registered under the Fair Work Act 2009. The AMWU argued that the agreement failed to meet the requirements for an enterprise agreement as it did not cover all employees of Goodline within the relevant enterprise. The union contended that the agreement did not include all employees of Goodline in the relevant enterprise.

The Commission examined the terms of the agreement and the definitions within it to determine the appropriate enterprise. The key issue was whether the agreement covered all employees of Goodline within the enterprise, as required by the Fair Work Act. The Commission found that the agreement did indeed cover all employees within the specified enterprise. The Commission noted that the agreement explicitly included all employees of Goodline within the enterprise, as defined. It found that the AMWU's objection was without merit as the agreement satisfied the necessary criteria.

The Commission approved the application and ordered that the Goodline Greater Nammuldi Project AMWU Greenfields Agreement 2013 be registered. The union's objection was dismissed. The Commission emphasised that the agreement was valid and met all statutory requirements for registration. The decision underscored the importance of ensuring that all employees within the specified enterprise are covered by the agreement. The outcome confirmed that the agreement was properly drafted and registered in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established