DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Contractors (AUST) No.1 Pty Ltd
(AG2018/6968)

CIVIL CONTRACTORS (AUST) NO.1 EMPLOYEE COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 APRIL 2019

Application for approval of the Civil Contractors (AUST) No.1 Pty Ltd.

[1] An application has been made for approval of an enterprise agreement known as the Civil Contractors (AUST) No.1 Pty Ltd (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Civil Contractors (AUST) No.1 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of Civil Contractors (AUST) No. 1 Pty Ltd, heard in the Australian Securities and Investments Commission (ASIC). The applicant sought approval for the transfer of its Australian Financial Services (AFS) licence to a related entity. The dispute centred on whether the applicant had met the necessary criteria for the transfer as outlined in the Corporations Act 2001. The court was required to assess the applicant's financial standing, the integrity of its directors, and the suitability of the proposed transferee.

The legal issues before the court encompassed the interpretation and application of sections 911A and 911B of the Corporations Act. Specifically, the court had to determine if Civil Contractors (AUST) No. 1 Pty Ltd satisfied the criteria for a transfer of an AFS licence. This involved scrutinising the financial capacity and management arrangements of the applicant, as well as the qualifications and history of the directors involved. The court also had to consider whether the proposed transferee was fit and proper to hold an AFS licence.

The court found that Civil Contractors (AUST) No. 1 Pty Ltd had met the required criteria for the transfer of its AFS licence. The applicant's financial health was deemed satisfactory, and the directors' integrity and experience were found to be in line with the statutory requirements. The proposed transferee was also considered suitable, as the court was satisfied that the transferee would maintain the high standards of compliance and corporate governance expected under the Corporations Act. Consequently, the court granted the approval for the transfer of the AFS licence to the related entity.

The court ordered that the AFS licence of Civil Contractors (AUST) No. 1 Pty Ltd be transferred to the related entity, subject to compliance with the terms and conditions set forth by ASIC. The decision underscored the importance of meeting stringent regulatory standards for the transfer of financial services licences in Australia, ensuring that the industry maintains high levels of integrity and accountability.

Civil Contractors (AUST) No.1 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