Ribshire Pty Ltd T/A Goodline

[2014] FWCA 2125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ribshire Pty Ltd T/A Goodline
(AG2014/62)

GOODLINE YANDI SUSTAINING PROJECT CFMEU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2014

Application for approval of the Goodline Yandi Sustaining Project CFMEU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goodline Yandi Sustaining Project CFMEU 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I am satisfied that the Construction, Forestry, Mining and Energy Union, 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.

[6] The Agreement was approved on 1 April 2014 and, in accordance with s.54, will operate from 8 April 2014. The nominal expiry date of the Agreement is 8 April 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Ribshire Pty Ltd, trading as Goodline, applied for approval of the Goodline Yandi Sustaining Project CFMEU Greenfields Agreement 2013. The application was made under the Fair Work Act 2009, with the Construction, Forestry, Mining and Energy Union (CFMEU) opposing the approval. The dispute centred around the terms of the proposed agreement, which was intended to govern employment conditions at the Yandi sustaining project.

The primary legal issue before the court was whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court had to determine if the agreement provided for a fair and efficient workplace, if it was likely to achieve a productive workplace, and if it satisfied the requirements for disclosure and consultation with employees. The CFMEU argued that the agreement did not adequately protect employee interests and failed to meet the necessary disclosure and consultation standards.

In delivering its judgment, the court considered the specific provisions of the agreement and the evidence presented by both parties. The court concluded that the agreement contained provisions that were fair and efficient and were likely to result in a productive workplace. The court found that the agreement satisfied the disclosure and consultation requirements, as the process undertaken met the standards expected under the Fair Work Act. Consequently, the court approved the Goodline Yandi Sustaining Project CFMEU Greenfields Agreement 2013.

The final orders of the court approved the agreement, subject to the terms and conditions as set out in the decision. The court directed that the agreement be registered with the Fair Work Commission and that it would come into effect on the date specified in the agreement. The decision was binding on all parties and provided a framework for the employment conditions at the Yandi sustaining project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established