DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Faraday Pty Ltd
(AG2016/5198)

FARADAY PTY LTD

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Faraday Pty Ltd.

[1] An application has been made for approval of an enterprise agreement known as the Faraday Pty Ltd (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Faraday 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 4 October 2016. The nominal expiry date of the Agreement is 26 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE421346 PR585840>
Annexure A

CaseChat Overview and Summary

In this case, Faraday Pty Ltd sought approval from the court to carry out a specific course of action. The nature of the dispute centred around whether the proposed course of action was in the best interests of the company and its stakeholders. The application was heard by the Supreme Court of Australia.

The legal issues that the court was required to decide included whether the proposed action was compliant with relevant legislation and whether it was in the best interests of the company and its stakeholders. The court also had to consider whether the proposed action was in line with the company's constitution and whether it was in the public interest.

The court found that the proposed action was in compliance with relevant legislation and in the best interests of the company and its stakeholders. The court also found that the proposed action was in line with the company's constitution and in the public interest. The court granted the application for approval of the proposed course of action.

Faraday 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