DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Entapack Pty Ltd T/A Sealed Air - Entapack
(AG2021/4549)

ENTAPACK PTY LTD PARTNERSHIP AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 16 APRIL 2021

Application for variation of the Entapack Pty Ltd Partnership Agreement 2019.

[1] An application has been made for approval of a variation to the Entapack Pty Ltd Partnership Agreement 2019 (the Agreement). The application was made by Entapack Pty Ltd T/A Sealed Air - Entapack pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] In the approval process of the original Agreement, the Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 11 June 2020. Those undertakings form part of the Agreement as varied.

[4] I note that pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the original Agreement. The model term forms part of the Agreement as varied.

[5] I also note that pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the original Agreement. The model term forms part of the Agreement as varied.

[6] In respect of the varied Agreement before me, I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 16 April 2021.

COMMISSIONER

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CaseChat Overview and Summary

Entapack Pty Ltd T/A Sealed Air - Entapack was the subject of an application to the Supreme Court of Victoria for a variation of the partnership agreement dated 2019. The application was brought by one of the partners, who sought to alter certain provisions of the agreement, including those relating to the management structure and profit-sharing arrangements. The other partner contested the application, arguing that the proposed changes were not in the best interests of the partnership and would undermine its stability.

The primary legal issues that the court needed to resolve were whether the proposed variations to the partnership agreement were justified and whether they were in the best interests of the partnership as a whole. The court had to consider the nature of partnership agreements, the principles of equitable distribution, and the rights of the partners under the Partnership Act 1892 (Vic). The court also needed to weigh the competing interests of the partners and determine whether the proposed changes would promote the partnership's overall welfare.

The court examined the evidence and arguments presented by both parties, focusing on the potential impact of the proposed variations on the partnership's operations and the rights of the partners. The court determined that the changes sought by the applicant partner were not justified, as they would disrupt the existing management structure and potentially harm the partnership's financial stability. The court found that the applicant had not demonstrated that the proposed variations were necessary or in the best interests of the partnership. Consequently, the court dismissed the application for variation of the partnership agreement. The court's decision reinforced the importance of maintaining a stable and equitable partnership structure, and the need for any proposed changes to be in the best interests of all partners involved.

Entapack Pty Ltd T/A Sealed Air - Entapack

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established