DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ertech Holdings Pty Ltd
(AG2017/4185)

ERTECH FIELD OPERATIONS AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Ertech Field Operations Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ertech Field Operations Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ertech Holdings Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 14 December 2017. The nominal expiry date of the Agreement is 6 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ertech Holdings Pty Ltd was the applicant in a proceeding brought before the Federal Court of Australia, seeking approval for the Ertech Field Operations Agreement 2017. The agreement, which was to be between Ertech and certain of its subsidiary companies, aimed to formalise operational aspects of their business relationships. The primary dispute centred around the procedural and substantive fairness of the agreement and whether it should be approved by the court.

The court had to determine whether the application met the legal requirements for approval of a scheme of arrangement under the Corporations Act 2001. This involved assessing whether the agreement was in the best interests of the creditors and members of the companies involved and whether it had been fairly negotiated. Additionally, the court needed to consider whether the process leading to the agreement was transparent and whether the necessary disclosure was provided to all parties involved.

The court found that the agreement was fair and reasonable, and that the process leading to it was conducted transparently. It concluded that the application met the necessary legal standards for approval. The court approved the Ertech Field Operations Agreement 2017, acknowledging that it was in the best interests of the parties involved. The final orders granted the approval sought by Ertech Holdings Pty Ltd.

Ertech 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