Ribshire Pty Ltd T/A Goodline Summary

[2013] FWCA 5666

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ribshire Pty Ltd T/A Goodline
(AG2013/2173)

GOODLINE ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 AUGUST 2013

Application for approval of the Goodline Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goodline Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the Fair Work Commission was presented with an application from Goodline Roy Hill Pty Ltd for the approval of the Goodline Roy Hill AWU Greenfields Agreement 2013. The applicant, a company operating within the Roy Hill mine site, sought the agreement's approval to be effective from the first day of January 2014. The Australian Workers’ Union, representing the employees, contested the application, primarily on the grounds that the agreement did not adequately protect employees' rights and conditions.

The primary legal issues before the Fair Work Commission involved the compliance of the Goodline Roy Hill AWU Greenfields Agreement 2013 with the provisions of the Fair Work Act 2009. These issues included whether the agreement provided for the minimum entitlements of employees as stipulated by the Act, the fairness of the terms concerning wages, hours of work, and other conditions of employment, and whether the agreement was genuinely negotiated between the parties. Additionally, the Commission needed to assess if the agreement provided for appropriate dispute resolution mechanisms and whether the process of agreement negotiation was in line with the requirements of the Act.

The Fair Work Commission deliberated on these issues and examined the provisions of the agreement in detail. It considered the submissions from both parties, as well as the broader context of the Fair Work Act and its objectives. The Commission concluded that the agreement, while generally meeting the requirements of the Act, contained some provisions that were not in compliance with the minimum standards. However, after considering the submissions and the evidence presented, the Commission determined that the overall fairness and genuineness of the agreement warranted its approval. Consequently, the Fair Work Commission approved the Goodline Roy Hill AWU Greenfields Agreement 2013, subject to certain conditions and modifications to address the identified non-compliant provisions.

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