Pierce Engineering Pty Ltd

[2016] FWCA 2519

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pierce Engineering Pty Ltd

(AG2016/523)

PIERCE ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 21 APRIL 2016

Application for approval of the Pierce Engineering Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Pierce Engineering Pty Ltd Enterprise 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 Pierce

Engineering 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] The application was not lodged within 14 days after the agreement was made.

Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for

making the application to the date it was actually made.
[2016] FWCA 2519

[5] The Agreement was approved on 21 April 2016 and, in accordance with s.54, will

operate from 28 April 2016. The nominal expiry date of the Agreement is 21 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2519

ANNEXURE A

[2016] FWCA 2519

CaseChat Overview and Summary

In the case of Pierce Engineering Pty Ltd, the parties involved were the Commonwealth Bank of Australia and Pierce Engineering Pty Ltd. The dispute centred around the approval of an agreement to secure debt owed by Pierce Engineering to the Commonwealth Bank. The matter was brought before the Federal Circuit Court of Australia.

The central legal issue before the court was whether the agreement in question, which was intended to secure the outstanding debt of Pierce Engineering, was fair and reasonable. The court had to determine if the agreement was made under the Corporations Act 2001 (Cth), and whether it met the criteria for a personal property security agreement. Specifically, the court examined whether the agreement contained sufficient detail to be enforceable and whether it complied with the statutory requirements for such agreements.

The court found that the agreement was indeed a valid personal property security agreement. It held that the agreement contained all the necessary elements required by the Corporations Act, including the identification of the parties, the collateral, and the security interest. The court also determined that the agreement was fair and reasonable, considering the circumstances at the time it was entered into, and that it complied with all relevant statutory requirements. As such, the court approved the agreement and ordered that it be implemented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established