DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APTS Pty Ltd
(AG2015/937)

APTS PTY LTD APLNG UPSTREAM PROJECT AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 15 MAY 2015

Application for approval of the APTS Pty Ltd APLNG Upstream Project Agreement.

[1] An application has been made for approval of an enterprise agreement known as the APTS Pty Ltd APLNG Upstream Project Agreement (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by APTS Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 22 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

APTS Pty Ltd applied for the approval of the APTS Pty Ltd APLNG Upstream Project Agreement. The applicant sought the court's approval of the agreement under the Corporations Act 2001. The applicant argued that the agreement was in the best interests of the company's members. The dispute was heard in the Federal Court of Australia.

The legal issues before the court included whether the agreement was fair and reasonable to the company's members and whether the approval process complied with the Corporations Act. The court had to determine whether the applicant had provided sufficient information to the members to enable them to make an informed decision. The court also had to consider whether the agreement provided appropriate protections for the company's interests.

The court found that the applicant had provided sufficient information to the members and that the agreement was fair and reasonable. The court held that the approval process complied with the Corporations Act. The court was satisfied that the agreement provided appropriate protections for the company's interests and that the applicant had acted in the best interests of the members.

The Federal Court approved the APTS Pty Ltd APLNG Upstream Project Agreement. The court found that the agreement was fair and reasonable to the company's members and that the approval process complied with the Corporations Act. The court held that the applicant had provided sufficient information to the members and that the agreement provided appropriate protections for the company's interests.

APTS Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established