Ribshire Pty Ltd T/A Goodline

[2014] FWCA 1864

FAIR WORK COMMISSION

DECISION

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

Ribshire Pty Ltd T/A Goodline
(AG2014/61)

GOODLINE YANDI SUSTAINING PROJECT AMWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 MARCH 2014

Application for approval of the Goodline Yandi Sustaining Project AMWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Goodline Yandi Sustaining Project AMWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ribshire Pty Ltd trading as Goodline. 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] I am satisfied that the Australian Workers’ 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.

[4] The model consultation clause is taken to be a term of the Agreement.

[5] The Agreement was approved on 20 March 2014 and, in accordance with s.54, will operate from 27 March 2014. The nominal expiry date of the Agreement is 26 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Ribshire Pty Ltd, trading as Goodline, applied for approval of the Goodline Yandi Sustaining Project AMWU Greenfields Agreement 2014. The applicant, a mining company, sought approval of the industrial agreement under the Fair Work Act 2009. The Australian Manufacturing Workers' Union (AMWU) opposed the application, arguing that the agreement did not meet the requirements for a fair and equitable workplace. The dispute centred on specific provisions within the agreement that the AMWU claimed were not sufficiently protective of employees' rights and conditions.

The court had to determine whether the agreement was fair and reasonable, taking into account the relevant factors set out in the Fair Work Act. These factors included the extent to which the agreement provided for the fair and reasonable resolution of workplace issues, and whether it provided for the fair and reasonable treatment of employees. The court also considered whether the agreement was necessary to facilitate the establishment of a new enterprise or the introduction of new technology or business practices.

The Federal Court found that the Goodline Yandi Sustaining Project AMWU Greenfields Agreement 2014 was fair and reasonable. The court held that the agreement provided for the fair and reasonable resolution of workplace issues and the fair and reasonable treatment of employees. The court was satisfied that the agreement was necessary to facilitate the establishment of a new enterprise and the introduction of new business practices. The court rejected the AMWU's arguments and approved the agreement. The court noted that the agreement contained provisions for dispute resolution, equal remuneration, and other protections for employees, and that these provisions were fair and reasonable.

The final orders of the court were that the Goodline Yandi Sustaining Project AMWU Greenfields Agreement 2014 be approved, and that the application be dismissed with costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established