Ribshire Pty Ltd T/A Goodline Summary

[2014] FWCA 3733

FAIR WORK COMMISSION

DECISION

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

Ribshire Pty Ltd T/A Goodline
(AG2014/1242)

RIBSHIRE PTY LTD T/A GOODLINE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 JUNE 2014

Application for approval of the Ribshire Pty Ltd t/a Goodline Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 May 2014 by Ribshire Pty Ltd T/A Goodline for the approval of a single-enterprise agreement known as the Ribshire Pty Ltd t/a Goodline Enterprise Agreement 2014 (“the Agreement”).

[2] 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.

[3] 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

Ribshire Pty Ltd, trading as Goodline, applied for the approval of the Enterprise Agreement 2014 in the Fair Work Commission. The dispute centred around the terms of the agreement, which the applicant sought to have recognised and enforceable under the Fair Work Act 2009. The legal issues that the Commission had to address were whether the agreement met the requirements for registration under the Act, particularly concerning the scope of its coverage and whether it contained the necessary fair terms.

The Commission considered whether the agreement was genuinely negotiated and whether it contained the mandated procedural provisions. It examined the coverage of the agreement, ensuring that it applied to the correct group of employees and that it did not unfairly disadvantage any employee. The Commission also assessed whether the agreement complied with the Fair Work Act's requirements for fair terms, including provisions on minimum rates of pay, penalty rates, and leave entitlements. After careful deliberation, the Commission found that the Enterprise Agreement 2014 met the legislative criteria and approved it. The Commission noted that the agreement was fairly negotiated, included all the necessary procedural provisions, and did not unfairly disadvantage any employee.

The Fair Work Commission approved the Enterprise Agreement 2014, finding it to be compliant with the Fair Work Act. The decision underscored the importance of ensuring that enterprise agreements are genuinely negotiated and that they include the requisite fair terms and procedural provisions. The approval of the agreement was significant for the employees covered by it, as it provided a legally binding framework for their employment conditions. The Commission's decision provided clarity and certainty for both the employer and the employees, facilitating a stable industrial relations environment.

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