Ribshire Pty Ltd T/A Goodline

[2013] FWCA 5017

FAIR WORK COMMISSION

DECISION

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

Ribshire Pty Ltd T/A Goodline
(AG2013/2048)

RIBSHIRE PTY LTD CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 JULY 2013

Application for approval of the Ribshire Pty Ltd Caval Ridge Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 July 2013 by Ribshire Pty Ltd T/A Goodline for the approval of a Greenfields agreement known as the Ribshire Pty Ltd Caval Ridge Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Close, Assistant Divisional Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

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”); 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 CFMEU, AMWU 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] 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.

[5] 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 case of Ribshire Pty Ltd T/A Goodline, the applicant sought approval from the Court for the Union Greenfields Agreement as part of the Caval Ridge Project. The application was heard in the Federal Circuit and Family Court of Australia. The primary issue for the court was whether the terms and conditions of the Union Greenfields Agreement were fair and reasonable for the members of the Union involved, considering their rights and interests under the Fair Work Act 2009.

The court had to examine the Union Greenfields Agreement in the context of the Fair Work Act, ensuring that it complied with the statutory requirements for such agreements. This included verifying whether the agreement met the necessary standards for good faith bargaining, transparency, and fairness. Additionally, the court considered the views and submissions from both the Union and the employer, Ribshire Pty Ltd, to ensure that the agreement was the product of genuine negotiations.

After carefully reviewing the evidence and submissions, the court found that the Union Greenfields Agreement was fair and reasonable for the members of the Union. The agreement was deemed to be the result of good faith bargaining and met the statutory requirements under the Fair Work Act. The court's decision was based on the comprehensive analysis of the terms of the agreement, the process of its negotiation, and the protections provided for the members of the Union. Consequently, the court approved the Union Greenfields Agreement as part of the Caval Ridge Project.

The final orders of the court included the approval of the Union Greenfields Agreement, thereby allowing the Caval Ridge Project to proceed with the agreed terms. The court's decision was binding on the parties involved, and the agreement was to be implemented in accordance with the terms outlined in the court's judgment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established