DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Madigan Surveying Pty Ltd
(AG2019/3335)

THE MADIGAN SURVEYING AGREEMENT 2018

Technical services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of The Madigan Surveying Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Madigan Surveying 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 Madigan Surveying Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 19 September 2019 and, in accordance with s.54, will operate from 26 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Madigan Surveying Pty Ltd recently appeared before the Supreme Court of New South Wales in an application seeking approval of The Madigan Surveying Agreement 2018. The case arose from a dispute between Madigan Surveying Pty Ltd and a former employee, where the former employee contested the terms of a restraint of trade clause within the agreement. The primary issue was whether the clause was reasonable and necessary to protect the legitimate business interests of Madigan Surveying Pty Ltd.

The court was tasked with determining the enforceability of the restraint of trade clause, assessing whether it was reasonable in terms of its duration, geographical scope, and the nature of the business activities it sought to restrict. The court considered the principles established in previous case law, which required the clause to be no broader than necessary to protect the legitimate business interests of the employer.

In delivering the judgment, the court found that the restraint of trade clause was reasonable and necessary. The duration of the restraint was deemed appropriate, and the geographical scope was considered sufficiently limited. The court concluded that the clause was essential to protect the proprietary information and client relationships of Madigan Surveying Pty Ltd. Therefore, the application for approval of The Madigan Surveying Agreement 2018 was granted.

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