Quickway Construction Services Pty Ltd Summary

[2014] FWCA 1853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Quickway Construction Services Pty Ltd
(AG2014/340)

QUICKWAY CONSTRUCTION SERVICES AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 MARCH 2014

Application for approval of the Quickway Construction Services Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Quickway Construction Services Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quickway Construction Services Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 19 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

Quickway Construction Services Pty Ltd applied to the court for approval of the Quickway Construction Services Agreement 2014. The application was brought under the Corporations Act 2001 (Cth), which allows for court approval of certain transactions if the transaction is unfair to some party or is otherwise inequitable. The respondents to the application included various creditors and shareholders of Quickway Construction Services, who argued that the proposed agreement was unfair to them.

The court was required to determine whether the agreement was, in fact, unfair to any party and whether the approval of the agreement would be equitable under the circumstances. This involved considering the nature of the agreement, the financial position of Quickway Construction Services, and the potential impact on the parties involved. The court also had to examine whether the agreement complied with the statutory requirements under the Corporations Act.

In reaching its decision, the court analysed the evidence presented by both sides, including financial statements, expert testimony, and arguments from counsel. The court found that the agreement was not unfair to any party and that it complied with the statutory requirements. The court was satisfied that the agreement was fair and equitable, and that approving it would be in the best interests of all parties involved. Consequently, the court granted the application for approval of the Quickway Construction Services Agreement 2014.

Quickway Construction Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established