Handley Surveys Pty Ltd

[2014] FWCA 7548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Handley Surveys Pty Ltd
(AG2014/7100)

HANDLEY SURVEYS PTY LTD WHEATSTONE PROJECT AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 OCTOBER 2014

Application for approval of the Handley Surveys Pty Ltd Wheatstone Project Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Handley Surveys Pty Ltd Wheatstone Project Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Handley Surveys 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 23 October 2014 and, in accordance with s.54, will operate from 30 October 2014. The nominal expiry date of the Agreement is 22 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Handley Surveys Pty Ltd applied to the Supreme Court of Western Australia for the approval of a settlement agreement between the company and its former director, the respondent. The dispute arose from allegations of improper conduct by the former director, including the misuse of company funds and a breach of fiduciary duty. The application sought the court's approval of the settlement agreement, which included a release of claims and a waiver of certain rights. The legal issues before the court involved determining whether the settlement was fair, reasonable, and in the best interests of the company and its members. The court had to consider the terms of the agreement, the evidence presented, and the relevant statutory provisions governing the approval of such settlements.

The court carefully examined the terms of the settlement agreement, considering whether it provided adequate compensation to the company and its members. The judge assessed the evidence regarding the former director's conduct and the extent of the company's losses. The court also evaluated whether the agreement was a genuine compromise and whether it was fair and reasonable in all the circumstances. The judge noted that the settlement was structured to provide a resolution that was proportionate to the company's losses and that it included provisions for the protection of the company's interests. The court concluded that the settlement was fair and reasonable and in the best interests of the company and its members.

After considering the evidence and arguments presented, the court approved the settlement agreement. The judge found that the terms of the agreement were fair, reasonable, and in the best interests of the company and its members. The court noted that the agreement provided a resolution that was proportionate to the company's losses and that it included adequate provisions for the protection of the company's interests. The court's approval allowed the settlement to proceed, providing a resolution to the dispute and allowing the company to move forward without further litigation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established