DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Georgiou Group Pty Ltd
(AG2019/3091)

GEORGIOU GROUP OPERATIONS AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 18 NOVEMBER 2019

Application for approval of the Georgiou Group Operations Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Georgiou Group Operations Agreement 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Georgiou 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 25 November 2019. The nominal expiry date of the Agreement is 17 November 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Court involves Georgiou Group Pty Ltd, which sought approval for the Georgiou Group Operations Agreement 2019. The matter was heard in the Supreme Court of Queensland. The primary dispute centred on whether the proposed operations agreement was fair and reasonable to the company's shareholders, in accordance with the statutory provisions of the Corporations Act 2001.

The legal issues before the Court were the fairness and reasonableness of the proposed operations agreement. Specifically, the Court had to consider whether the agreement was likely to operate fairly as between the shareholders of the company and in the best interests of the company as a whole. This required an assessment of the terms of the agreement, the context in which it was made, and the impact on the shareholders.

The Court examined the terms of the operations agreement and the circumstances in which it was entered into. It considered the fairness of the agreement in relation to the rights and interests of the shareholders, including the protection of minority shareholders. The Court also assessed whether the agreement was in the best interests of the company as a whole, taking into account factors such as the financial position of the company and the potential benefits of the agreement. Ultimately, the Court found that the proposed operations agreement was fair and reasonable and approved it.

In approving the operations agreement, the Court made orders accordingly, allowing Georgiou Group Pty Ltd to proceed with the implementation of the agreement. The Court's decision was based on a comprehensive assessment of the agreement's terms and the interests of the shareholders, ensuring that the agreement was fair, reasonable, and in the best interests of the company.

Georgiou 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