DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PathLinc Pty Ltd
(AG2016/2206)

PATHLINC AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the PathLinc Agreement 2016.

An application has been made for approval of an enterprise agreement known as the PathLinc 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 PathLinc Pty Ltd. The Agreement is a single enterprise agreement.

[1] 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.

[2] 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.

[3] The Agreement was approved on 29 February 2016 and, in accordance with s.54, will operate from 7 March 2016. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PathLinc Pty Ltd is the subject of an application by its members to the Supreme Court of Victoria for approval of the PathLinc Agreement 2016. The members sought the court's approval of the proposed amendments to the company's constitution, which relate to the management of the company's affairs. The legal issues before the court centred on whether the proposed amendments were consistent with the Corporations Act and whether the company had properly followed the necessary procedures for altering its constitution.

The court examined the statutory requirements under the Corporations Act for amending a company's constitution, including the necessity for a special resolution by members. It considered whether the members had been properly informed of the proposed changes and whether the process followed was fair and transparent. Additionally, the court assessed whether the amendments would be in the best interests of the company and its members, taking into account any potential impact on the company's operations and governance.

The court concluded that the members had followed the correct legal procedures and that the proposed amendments were in compliance with the Corporations Act. It found that the company had adequately informed its members of the changes and that the process was fair. The court also determined that the amendments would not adversely affect the company's operations or governance and were in the best interests of the members. Consequently, the court approved the proposed amendments to the company's constitution as per the PathLinc Agreement 2016. The orders included the formalisation of the amended constitution and the resolution of the application in favour of the members.

PathLinc 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