Ribshire Pty Ltd T/A Goodline Summary

[2014] FWCA 102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ribshire Pty Ltd T/A Goodline
(AG2013/10207)

GOODLINE GREATER NAMMULDI PROJECT AWU 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 AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goodline Greater Nammuldi Project AWU 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 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.

[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 7 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Ribshire Pty Ltd, trading as Goodline, applied for approval of the Goodline Greater Nammuldi Project AWU Greenfields Agreement 2013. The application arose in the context of the Fair Work Act 2009, seeking to establish the terms and conditions for the employment of workers at the proposed project site. The Australian Workers' Union (AWU) and Greenfields Nominees Pty Ltd (Greenfields) were also parties to the application.

The court had to determine whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for terms and conditions of employment that were no less favourable than those provided by the relevant award or registered agreement. The court also considered whether the agreement was in the best interests of the employees who would be covered by it, and whether the application process had been properly followed.

After reviewing the evidence and submissions from the parties, the court found that the Goodline Greater Nammuldi Project AWU Greenfields Agreement 2013 met the requirements for approval under the Fair Work Act. The court was satisfied that the agreement provided for terms and conditions of employment that were no less favourable than those provided by the relevant award, and that it was in the best interests of the employees. The court also found that the application process had been properly followed. The court therefore approved the agreement, subject to certain conditions.

The final orders of the court included the approval of the Goodline Greater Nammuldi Project AWU Greenfields Agreement 2013, with certain conditions attached. The orders also included directions for the registration of the agreement and the giving of notice to affected employees. The parties were directed to comply with the orders within the specified timeframes.

Ribshire Pty Ltd T/A Goodline

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established