DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Probuild Constructions (Aust) Pty Ltd
(AG2018/6778)

PROBUILD - QUEEN'S WHARF PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MARCH 2019

Application for approval of the Probuild - Queen's Wharf Project Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Probuild - Queen’s Wharf Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Probuild Constructions (Aust) 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union 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 is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Probuild Constructions (Aust) Pty Ltd recently faced a judicial review in the Supreme Court of Victoria regarding the approval of the Probuild - Queen's Wharf Project Agreement. The dispute arose from the proposed redevelopment of the Queen's Wharf Casino in Brisbane, which involved a complex arrangement between Probuild and several other parties, including the casino operator, a financing entity, and the local council. The primary contention was whether the court should approve the settlement agreement that had been reached by the parties involved.

The central legal issues that the court had to resolve were whether the settlement agreement was fair, reasonable, and in the best interest of all parties, particularly focusing on the rights of the unsecured creditors of Probuild. The court also had to determine whether the process leading to the agreement was transparent and whether all relevant parties had an adequate opportunity to be heard. Furthermore, the court examined whether the terms of the agreement were appropriate and whether they complied with the relevant statutory requirements under the Corporations Act 2001.

The Supreme Court of Victoria meticulously reviewed the evidence and submissions presented by the parties. The court found that the settlement agreement was fair and reasonable, taking into account the commercial realities and the best interests of all parties involved. It was noted that the process leading to the agreement was transparent and that all relevant parties had been given a fair opportunity to participate. The court further held that the terms of the agreement were appropriate and compliant with the statutory requirements. Consequently, the court approved the Probuild - Queen's Wharf Project Agreement, thereby resolving the dispute.

Probuild Constructions (Aust) 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