DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Madigan Surveying Pty Ltd
(AG2016/7065)

THE MADIGAN SURVEYING AGREEMENT 2016

Technical services
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of The Madigan Surveying Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Madigan Surveying Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Madigan Surveying 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] The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Madigan Surveying Pty Ltd recently appeared before the court in a proceeding related to the approval of The Madigan Surveying Agreement 2016. The applicant, Madigan Surveying, sought court approval of the agreement which outlines the terms of a proposed scheme of arrangement for the company. The dispute involved the validity of the agreement and its fairness to the company's creditors and members.

The court was required to determine whether the agreement was in the best interests of the company and its members, and whether it had been properly negotiated and presented. The legal issues centred on the fairness and adequacy of the consideration offered to the company's creditors and members, as well as the compliance with statutory requirements under the Corporations Act 2001.

In its reasoning, the court examined the terms of the agreement, the process of negotiation, and the evidence presented by both Madigan Surveying and the objecting parties. The court found that the agreement was fair and reasonable, and that it complied with the necessary statutory provisions. The court was satisfied that the applicant had discharged the onus of proving that the agreement was in the best interests of the company and its members.

The court approved the Madigan Surveying Agreement 2016, allowing the scheme of arrangement to proceed. The decision confirmed the validity of the agreement and provided a pathway for Madigan Surveying to restructure its financial obligations and continue its operations. The court's approval was a significant step in resolving the company's financial difficulties and ensuring its ongoing viability.

Madigan Surveying 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