DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldclass Corporation Pty Ltd as trustee for the Chris Litas Family Trust & Runwild Enterprises Pty Ltd as trustee for the Mainstone Family Trust
(AG2015/6409)

LITAS MAINSTONE MINIMUM RATES AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 29 OCTOBER 2015

Application for approval of the Litas Mainstone Minimum Rates Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Litas Mainstone Minimum Rates Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goldclass Corporation Pty Ltd as trustee for the Chris Litas Family Trust & Runwild Enterprises Pty Ltd as trustee for the Mainstone Family Trust. 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 was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 29 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this matter were Goldclass Corporation Pty Ltd as trustee for the Chris Litas Family Trust and Runwild Enterprises Pty Ltd as trustee for the Mainstone Family Trust. They applied to the Court for approval of the Litas Mainstone Minimum Rates Agreement 2015, which sets out the terms and conditions for the minimum rates that are payable by the respondents to the applicants in relation to a joint venture in respect of property development. The Court was required to determine the appropriate legal issues, including whether the agreement was in the best interests of the parties involved and whether it was fair and reasonable.

The Court considered the nature of the agreement, the interests of the parties, and the commercial considerations involved. It found that the agreement was fair and reasonable and in the best interests of the parties. The Court also found that the agreement was consistent with the terms of the joint venture and that it was a necessary and appropriate means of ensuring that the parties could effectively manage their joint venture.

The Court approved the Litas Mainstone Minimum Rates Agreement 2015, subject to certain conditions. These conditions included the requirement that the parties provide notice to each other of any proposed changes to the agreement and that they provide certain documentation to the Court. The Court also ordered that the agreement be registered with the relevant authorities. The Court's decision provides clarity and certainty to the parties in relation to the minimum rates that are payable under the joint venture.

Goldclass Corporation Pty Ltd as trustee for the Chris Litas Family Trust & Runwild Enterprises Pty Ltd as trustee for the Mainstone Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established