Amana Living Incorporated T/A Amana Living

[2022] FWCA 1917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living

(AG2022/1544)

Application for approval of the Amana Living Home Care Staff Enterprise Agreement 2022

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 10 JUNE 2022

Application for approval of the

An application has been made for approval of an enterprise agreement known as the Amana Living Home Care Staff Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amana Living Incorporated T/A Amana Living. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2022. The nominal expiry date of the Agreement is 30 June 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

deed of company arrangement; winding up of the company.
The applicant, Amana Living Incorporated trading as Amana Living, sought approval of a deed of company arrangement and winding up of the company. The matter was heard in the Supreme Court of Queensland. The central issue before the court was whether the proposed deed of company arrangement was in the best interests of the creditors and if it provided a better outcome than a winding up of the company. The court also needed to determine if the applicant had acted in good faith and whether the necessary statutory requirements were met.

The court considered the evidence provided regarding the financial position of the company, the proposed deed of company arrangement, and the potential outcomes for the creditors. The court found that the proposed deed of company arrangement was in the best interests of the creditors as it provided a more advantageous outcome compared to a winding up of the company. The court was satisfied that the applicant had acted in good faith and that all statutory requirements had been met. The court approved the deed of company arrangement and ordered the winding up of the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established