Ribshire Pty Ltd T/A Goodline

[2014] FWCA 103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ribshire Pty Ltd T/A Goodline
(AG2013/10199)

GOODLINE GREATER NAMMULDI PROJECT CFMEU 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 CFMEU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goodline Greater Nammuldi Project CFMEU 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 Construction, Forestry, Mining and Energy 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 14 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Ribshire Pty Ltd trading as Goodline sought approval for the Goodline Greater Nammuldi Project, along with a related CFMEU Greenfields Agreement from 2013. The application was brought before the Australian courts, which needed to determine the validity of the proposed project and the fairness of the associated agreement. The dispute involved complex industrial relations issues, focusing on the terms of the agreement and whether it met the necessary standards for approval under the relevant industrial legislation.

The court was required to decide whether the CFMEU Greenfields Agreement 2013 was fair and appropriate for the Goodline Greater Nammuldi Project. This involved examining the terms of the agreement, including the conditions of employment, the rights and obligations of the parties, and whether the agreement complied with the Fair Work Act 2009. The court also had to consider if the agreement was negotiated in good faith and if it provided adequate protections for the workers involved.

The court concluded that the agreement was fair and appropriate, meeting all necessary standards under the relevant legislation. The decision was based on a thorough analysis of the terms and conditions outlined in the agreement, as well as the negotiation process. The court found that the agreement provided adequate protections for the workers and was in line with the requirements of the Fair Work Act 2009. As a result, the application for approval of the Goodline Greater Nammuldi Project and the CFMEU Greenfields Agreement 2013 was approved.

The final orders included the approval of the Goodline Greater Nammuldi Project and the associated CFMEU Greenfields Agreement 2013. This decision allowed the project to proceed, subject to the terms and conditions set out in the agreement, ensuring that both the company and the workers were protected under the approved industrial arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established