DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Pty Ltd
(AG2015/7861)

FG PLY LTD EASTERN STATES AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 JANUARY 2016

Application for approval of the FG Pty Ltd Eastern States Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the FG Pty Ltd Eastern States Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Freo Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2016. The nominal expiry date of the Agreement is 18 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Corporations Act 2001, Freo Group Pty Ltd applied for the approval of the Federal Court of Australia of the Eastern States Agreement 2016. The application was brought by Freo Group Pty Ltd, a company incorporated in Australia, which sought approval of the agreement, which would allow it to implement a scheme of arrangement involving a restructure of its operations. The agreement had been negotiated between Freo Group Pty Ltd and its creditors, and the company argued that the proposed scheme was fair and reasonable and in the best interests of the creditors.

The primary legal issue before the court was whether the Eastern States Agreement 2016 met the requirements of section 411 of the Corporations Act 2001, which sets out the criteria for court approval of a scheme of arrangement. The court was required to determine whether the agreement was fair and reasonable to the creditors, and whether it was in their best interests. The court also had to consider whether the agreement complied with the procedural requirements of the Act.

The court found that the Eastern States Agreement 2016 met the requirements of section 411 of the Corporations Act 2001. The court was satisfied that the agreement was fair and reasonable to the creditors, and that it was in their best interests. The court also found that the agreement complied with the procedural requirements of the Act, including the requirement for adequate disclosure to the creditors. As a result, the court approved the agreement, allowing Freo Group Pty Ltd to implement the proposed scheme of arrangement.

The final orders of the court included the approval of the Eastern States Agreement 2016, and the court's authorisation for Freo Group Pty Ltd to take all necessary steps to implement the scheme. The court also ordered that the costs of the application be paid by Freo Group Pty Ltd.

Freo Group 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