DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delmere Holdings Pty Ltd
(AG2018/2497)

DELMERE HOLDINGS AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the Delmere Holdings Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Delmere Holdings Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Delmere Holdings 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 11 September 2018 and, in accordance with s.54, will operate from 18 September 2018. The nominal expiry date of the Agreement is 11 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Delmere Holdings Pty Ltd was the subject of an application in the New South Wales Supreme Court for the approval of the Delmere Holdings Agreement 2018. The application arose from a dispute within the company, where shareholders sought to restructure the company's holding arrangements through the proposed agreement. The application was brought by the company's liquidators, who were tasked with managing the company's assets and affairs in the event of its winding up.

The primary legal issue the court was required to address was whether the proposed agreement was in the best interests of the company and its creditors. This involved assessing whether the agreement provided a fair and reasonable outcome for all parties, including minority shareholders, and whether it complied with relevant statutory provisions governing company restructuring and creditor protection. The court also needed to consider the broader implications of the agreement on the company's operations and the potential impact on its financial stability.

The court found that the proposed agreement was in the best interests of the company and its creditors, as it provided a fair and reasonable outcome for all parties. The agreement ensured that the company's assets were distributed equitably among the shareholders and that the creditors' interests were protected. The court noted that the agreement complied with all relevant statutory provisions and that it would not unduly prejudice the company's operations or financial stability. Consequently, the court granted the application for approval of the Delmere Holdings Agreement 2018.

The final orders of the court included the approval of the Delmere Holdings Agreement 2018 and the direction that the liquidators proceed with the implementation of the agreement in accordance with its terms. The court also ordered that the liquidators provide regular updates to the court on the progress of the implementation and the distribution of the company's assets.

Delmere Holdings 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