DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McElligott Partners Pty Ltd
(AG2017/5646)

VIVA GEELONG REFINERY INDUSTRIAL SERVICES AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Viva Geelong Refinery Industrial Services Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Viva Geelong Refinery Industrial Services Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McElligott Partners 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2018. The nominal expiry date of the Agreement is 8 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Corporations Act 2001 (Cth), McElligott Partners Pty Ltd applied for the approval of the Viva Geelong Refinery Industrial Services Agreement. The application was brought by the Australian Securities and Investments Commission as liquidator of the company. The central issue before the court was whether the proposed agreement, which involved the sale of certain assets, was in the best interests of the company's creditors.

The court considered several factors in reaching its decision. It examined the terms of the agreement, the potential benefits and drawbacks for the creditors, and whether the sale was conducted at arm's length and at fair value. The court also looked at the company's financial position and the feasibility of alternative courses of action. Ultimately, the court found that the proposed agreement was in the best interests of the creditors and approved the sale of the assets under the terms outlined in the agreement.

The court's approval was contingent upon certain conditions being met, including the satisfaction of any outstanding debts and the transfer of proceeds to the creditors. The court also ordered that the liquidator take steps to ensure that the sale was conducted in a transparent and fair manner. The final orders reflected these conditions and provided a clear framework for the completion of the sale and distribution of the proceeds to the creditors.

McElligott Partners 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