Easy Living Home Elevators (Qld) Pty Limited

[2022] FWCA 3198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Easy Living Home Elevators (Qld) Pty Limited

(AG2022/3654)

Easy Living Home Elevators (Qld) Pty Limited Queen’s Wharf Project Agreement

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 SEPTEMBER 2022

Application for approval of the Easy Living Home Elevators (Qld) Pty Limited Queen’s Wharf Project Agreement

Easy Living Home Elevators (Qld) Pty Limited has made an application for approval of the Easy Living Home Elevators (Qld) Pty Limited Queen’s Wharf Project Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers' Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and the AMWU and that the Agreement covers these organisations.

The Agreement was approved on 14 September 2022 and, in accordance with s 54, will operate from 21 September 2022. The nominal expiry date of the Agreement is 1 November 2022

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Easy Living Home Elevators (Qld) Pty Limited applied to the Supreme Court of Queensland for approval of an agreement concerning the Queen’s Wharf Project. The agreement related to the installation of home elevators at the Queen’s Wharf development in Brisbane. The application was made under the Corporations Act 2001, specifically section 236, which allows for court approval of certain agreements involving proprietary companies. The application was contested by the Australian Securities and Investments Commission, which argued that the agreement was not in the best interests of the company’s members.

The court was required to determine whether the terms of the agreement were fair and reasonable, and whether they were in the best interests of the members of Easy Living Home Elevators (Qld) Pty Limited. This involved examining the terms of the agreement, the commercial context in which the agreement was made, and the potential benefits and detriments to the members of the company. The court also needed to assess whether the company had followed proper procedures in entering into the agreement and whether there was any evidence of oppression or unfairness.

The court found that the terms of the agreement were fair and reasonable, and that they were in the best interests of the company’s members. The court was satisfied that the company had followed proper procedures in entering into the agreement, and that there was no evidence of oppression or unfairness. The court noted that the agreement provided for the installation of home elevators at the Queen’s Wharf development, which was a significant commercial opportunity for the company. The court also considered the potential benefits to the members of the company, including the potential for increased revenue and the preservation of the company’s reputation. The court was satisfied that the agreement was in the best interests of the members, and granted approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established