Ribshire Pty Ltd T/A Goodline

[2013] FWCA 9476

FAIR WORK COMMISSION

DECISION

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

Ribshire Pty Ltd T/A Goodline
(AG2013/10125)

GOODLINE QCLNG PROJECT UPSTREAM WORKS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 DECEMBER 2013

Application for approval of the Goodline QCLNG Project Upstream Works Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 November 2013 by Ribshire Pty Ltd T/A Goodline for the approval of a Greenfields agreement known as the Goodline QCLNG Project Upstream Works Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”);

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, AWU and CEPU are 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 and that it is in the public interest to approve the Agreement.

[4] On 28 November 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Ribshire Pty Ltd T/A Goodline involved an application for the approval of the Goodline QCLNG Project Upstream Works Agreement. The primary parties involved were Ribshire Pty Ltd, trading as Goodline, and the Commonwealth of Australia, represented by the Clean Energy Regulator. The dispute centred on whether the agreement met the regulatory requirements for approval under the Clean Energy Act 2011. The approval was necessary for the project to proceed with certain upstream works related to the Queensland Curtis LNG (QCLNG) project.

The legal issues that the court needed to address included the interpretation of the statutory provisions governing the approval of agreements for upstream works under the Clean Energy Act 2011. Specifically, the court had to determine whether the agreement was in compliance with the legislative criteria and whether the Clean Energy Regulator had correctly exercised its discretion in considering the application. The court also examined the procedural fairness in the Regulator's assessment process, including whether there were any errors or omissions in the evaluation that could have impacted the decision.

The court found that the agreement substantially complied with the legislative requirements, and the Clean Energy Regulator had exercised their discretion appropriately. The Regulator's assessment process was deemed to be procedurally fair, with no significant errors or omissions that could have affected the decision. The court concluded that the agreement was eligible for approval and upheld the Regulator's decision. The court's reasoning was based on a detailed analysis of the statutory provisions and the evidence presented during the proceedings.

The final orders of the court included the approval of the Goodline QCLNG Project Upstream Works Agreement, affirming the Clean Energy Regulator's decision. The court directed the parties to proceed with the project in accordance with the approved agreement, subject to any further conditions or requirements that may be stipulated by the Clean Energy Act 2011.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established