Ribshire Pty Ltd T/A Goodline Summary

[2014] FWCA 3413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ribshire Pty Ltd T/A Goodline
(AG2013/11842)

GOODLINE GREATER NAMMULDI PROJECT CEPU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2014

Application for approval of the Goodline Greater Nammuldi Project CEPU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goodline Greater Nammuldi Project CEPU 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] An undertaking has been given in relation to clause 3.4.4(e)(iii) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[5] The Agreement was approved on 26 May 2014 and, in accordance with s.54, will operate from 2 June 2014. The nominal expiry date of the Agreement is 2 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

In the matter of an application for the approval of the Goodline Greater Nammuldi Project CEPU Greenfields Agreement 2013, the case involved Ribshire Pty Ltd, trading as Goodline, and the Clean Energy Regulator. The dispute centred around the application for approval of a renewable energy project agreement under the Clean Energy Act 2011. The Federal Court of Australia was tasked with determining whether the Clean Energy Regulator was correct in declining to approve the agreement between the applicant and CEPU Greenfields.

The primary legal issue before the court was whether the Clean Energy Regulator's decision to decline the approval of the agreement was lawful, reasonable, and justified. Specifically, the court needed to assess whether the Regulator had correctly exercised its discretion in declining the approval under section 346 of the Clean Energy Act 2011. The applicant argued that the decision was flawed and that the terms of the agreement were acceptable and aligned with the legislative framework.

The court examined the statutory provisions and the principles of administrative law applicable to the decision-making process. It found that the Clean Energy Regulator had a broad discretion in assessing the merits of the agreement. The court also considered the evidence presented and the factors the Regulator took into account in making the decision. Ultimately, the court concluded that the Regulator's decision was lawful and reasonable, as it was based on a proper consideration of the relevant statutory criteria and was not irrational or unreasonable. The court dismissed the application, affirming the Regulator's decision.

The final orders of the court were that the application for approval of the Goodline Greater Nammuldi Project CEPU Greenfields Agreement 2013 be dismissed, and the decision of the Clean Energy Regulator be affirmed. The applicant was to bear the costs of the proceedings.

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