DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GD Concrete and Construction Pty Ltd
(AG2015/6021)

GD CONCRETE AND CONSTRUCTION PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the GD Concrete and Construction Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the GD Concrete and Construction Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made by GD Concrete and Construction Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by GD Concrete and Construction Pty Ltd for approval of the GD Concrete and Construction Pty Ltd Wheatstone Project Agreement 2015. This application was made under the Corporations Act 2001. The primary parties involved in this dispute were GD Concrete and Construction Pty Ltd and its shareholders. The nature of the dispute centred around the approval process for a specific project agreement that was crucial for the company's operations and financial stability.

The legal issues that the court had to resolve were whether the application met the statutory requirements for court approval under the Corporations Act and if the meeting of shareholders that approved the agreement was conducted in accordance with the Act's provisions. Specifically, the court needed to determine if the notice of the meeting was given in a timely manner, if the meeting was properly convened, and whether the shareholders had all the necessary information to make an informed decision. The court also had to consider if the agreement itself was fair and reasonable to the company and its shareholders.

In examining the evidence presented, the court found that the notice of the meeting was given within the required timeframe and that the meeting was properly convened. The shareholders were provided with all the relevant information necessary to make an informed decision. Additionally, the court concluded that the Wheatstone Project Agreement was fair and reasonable to the company and its shareholders, considering the benefits it would bring to the company's operations and financial health. Based on these findings, the court approved the application for the GD Concrete and Construction Pty Ltd Wheatstone Project Agreement 2015.

GD Concrete and Construction 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