Ribshire Pty Ltd T/A Goodline Summary

[2014] FWCA 708

FAIR WORK COMMISSION

DECISION

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

Ribshire Pty Ltd T/A Goodline
(AG2014/107)

GOODLINE GLNG UPSTREAM PROJECT GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 JANUARY 2014

Application for approval of the Goodline GLNG Upstream Project Greenfield Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 January 2014 by Ribshire Pty Ltd T/A Goodline for the approval of a Greenfields agreement known as the Goodline GLNG Upstream Project Greenfield Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Devlin, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”);

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); 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 AMWU, AWU 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] On 30 January 2014 the Employer provided 2 undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[5] In light of the Employer’s undertakings, 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.

[6] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is attached to and taken to be a term of the Agreement.

[7] 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

The case involved Ribshire Pty Ltd, trading as Goodline, and the Commonwealth of Australia, with the Commonwealth seeking approval of the Goodline GLNG Upstream Project Greenfield Agreement 2013. The matter was heard by the Federal Court of Australia. The primary issue before the court was whether the proposed agreement, which related to a gas project, met the necessary criteria for approval under the relevant legislation. This included assessing whether the agreement was in the national interest and whether it complied with all applicable laws and regulations.

The court carefully examined the proposed agreement, considering various factors such as the economic benefits, the environmental impact, and the alignment with national energy policies. It also assessed whether the agreement adequately addressed potential risks and ensured the protection of national security interests. The court found that the agreement met all the statutory requirements and was in the national interest. It concluded that the agreement was consistent with the relevant legislation and therefore approved the proposed agreement.

Following the court's decision, the Goodline GLNG Upstream Project Greenfield Agreement 2013 was approved, allowing Ribshire Pty Ltd to proceed with the project as outlined. The court's approval was based on a comprehensive analysis of the economic, environmental, and security considerations associated with the project. The decision affirmed the importance of balancing developmental interests with national priorities.

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