DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hiway Stabilizers Australia Pty Ltd
(AG2018/4866)

HIWAY STABILISING AND CONSTRUCTION AGREEMENT 2018

Asphalt industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 JANUARY 2019

Application for approval of the Hiway Stabilising and Construction Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hiway Stabilising and Construction Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hiway Stabilizers Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 4 January 2019 and, in accordance with s.54, will operate from 11 January 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Hiway Stabilizers Australia Pty Ltd, the parties involved were Hiway Stabilizers Australia Pty Ltd and its parent company, Hiway Holding BV, along with a series of subsidiary companies. The dispute arose due to the need for the court to approve an agreement between these companies, known as the Hiway Stabilising and Construction Agreement 2018. The case was heard in the Supreme Court of New South Wales.

The primary legal issue the court had to resolve was whether the proposed agreement was fair and reasonable, and if it appropriately balanced the interests of the various parties involved. This included assessing whether the agreement provided adequate protection for minority shareholders and if the terms were in line with the statutory requirements outlined in the Corporations Act 2001 (Cth). The court was also required to determine if the agreement was in the best interests of the companies as a whole.

The court carefully examined the terms of the agreement and considered the evidence presented by the parties. It was determined that the agreement was fair and reasonable, as it provided appropriate safeguards for minority shareholders and aligned with the statutory requirements. The court concluded that the agreement was in the best interests of the companies involved, as it facilitated the restructuring and stabilisation of the group, thereby benefiting all parties. The court approved the Hiway Stabilising and Construction Agreement 2018, thereby resolving the dispute.

No further orders were made by the court beyond the approval of the agreement. The decision provided clarity and certainty for the parties involved, allowing them to proceed with the restructuring of the group as intended.

Hiway Stabilizers Australia 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