DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ECL Group Australia Pty Ltd T/A ECL Group
(AG2018/3164)

ECL GROUP WESTERN AUSTRALIA OPERATIONS AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 SEPTEMBER 2018

Application for approval of the ECL Group Western Australia Operations Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ECL Group Western Australia Operations 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 ECL Group Australia Pty Ltd T/A ECL Group. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2018. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ECL Group Australia Pty Ltd, trading as ECL Group, applied to the court for approval of the ECL Group Western Australia Operations Agreement 2018. The dispute arose from a complex corporate restructuring where ECL Group sought to transfer its Western Australian operations to a new entity. The court was tasked with determining whether the proposed agreement was fair and reasonable to the company's members and creditors, as required by the Corporations Act 2001.

The legal issues before the court involved the assessment of whether the agreement provided adequate protection to the interests of the company's members and creditors. This included an evaluation of the valuation reports, the terms of the proposed transaction, and the adequacy of disclosure made to the members and creditors. The court had to consider if the agreement was fair and reasonable and whether it was in the best interests of the company and its stakeholders.

The court examined the detailed evidence provided, including the expert valuations and the terms of the agreement. The court found that the valuation reports were comprehensive and that the terms of the agreement were fair and reasonable. The disclosure made to the members and creditors was deemed adequate, and the court was satisfied that the agreement was in the best interests of the company and its stakeholders. As a result, the court approved the ECL Group Western Australia Operations Agreement 2018.

The final orders included the approval of the agreement, with conditions that were deemed necessary to ensure the protection of the members' and creditors' interests. The court mandated that certain conditions be met before the transfer of operations could proceed, including the finalisation of all financial settlements and the provision of further disclosure as required.

ECL Group Australia Pty Ltd T/A ECL Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established