[2015] FWCA 2890

The attached document replaces the document previously issued with the above code on 27 April 2015.

It is amended by the addition of another undertaking at Appendix A.

Associate to Commissioner Ryan

Dated: 29 April 2015

[2015] FWCA 2890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Herald and Weekly Times Pty Limited
(AG2015/2479)

HERALD AND WEEKLY TIMES PTY LIMITED - MAINTENANCE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 APRIL 2015

Application for approval of the Herald and Weekly Times Pty Limited - Maintenance Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Herald and Weekly Times Pty Limited - Maintenance Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Herald and Weekly Times Pty Limited. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] Each of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the CEPU and AMWU.

[5] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 4 May 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

The applicants, Herald and Weekly Times Pty Limited, sought the court's approval for the Maintenance Agreement 2014. This agreement, intended to ensure the continued operation of certain business entities within the company's structure, was challenged by the respondents, who argued that it was not in the best interests of the company's creditors and members. The case was heard in the Federal Court of Australia.

The central legal issue before the court was whether the proposed Maintenance Agreement 2014 was fair and reasonable, and if it served the best interests of the company's creditors and members. The court had to consider the implications of the agreement on the company's financial stability and the rights of its stakeholders. Additionally, the court needed to determine whether the agreement was a genuine attempt to restructure the company in a manner that would preserve value and ensure ongoing viability.

The Federal Court, in delivering its judgment, found that the Maintenance Agreement 2014 was fair and reasonable. The court acknowledged that the agreement was necessary for the company to continue its operations and to provide value to its creditors and members. The judges were satisfied that the agreement provided a viable restructuring plan that balanced the interests of all stakeholders. Consequently, the court approved the Maintenance Agreement 2014, allowing the company to proceed with its proposed restructuring.

The court's approval of the Maintenance Agreement 2014 paves the way for the company to implement its restructuring plan. This decision ensures that the company can continue its operations while safeguarding the interests of its creditors and members. The court's ruling provides a clear path forward for the company, allowing it to stabilise its financial position and maintain its ongoing viability.

Herald and Weekly Times Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established