Ribshire Pty Ltd T/A Goodline Summary

[2022] FWCA 3162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ribshire Pty Ltd T/A Goodline

(AG2022/3444)

Ribshire Pty Ltd t/as Goodline Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 13 SEPTEMBER 2022

Application for approval of the Ribshire Pty Ltd t/as Goodline Enterprise Agreement 2022

Ribshire Pty Ltd T/A Goodline (the Employer) has applied for approval of an enterprise agreement known as the Ribshire Pty Ltd t/as Goodline Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (AMWU) and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the CEPU, AMWU and CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2022. The nominal expiry date of the Agreement is 5 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, Ribshire Pty Ltd, trading as Goodline, applied for the approval of the Enterprise Agreement 2022. The application was made by the employer, and the employees were represented by the Retail and Fast Food Workers Union. The dispute centred around the terms and conditions of the proposed agreement, particularly concerning wages, hours of work, and other employment-related matters.

The central legal issues the commission needed to address were whether the agreement complied with the Fair Work Act 2009, particularly concerning the requirements for "genuine agreement" and whether it met the "better off overall test." The commission also had to determine if the agreement contained provisions that were contrary to public policy or otherwise unenforceable.

In delivering the decision, the commission noted that the agreement had been negotiated in good faith and that the employees had been adequately informed and consulted throughout the process. The commission found that the proposed agreement was fair and reasonable, meeting the better off overall test. The commission approved the agreement, highlighting that it provided for fair and reasonable terms and conditions of employment for the employees, and that it did not contain any provisions that were contrary to public policy. The decision was made in light of the evidence provided and the overall fairness of the agreement to the employees.

The final orders of the commission were that the Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would be in effect for a period of five years. The commission also ordered that the application be advertised in a newspaper circulating in the area where the employees were employed.

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