Quickway Constructions Pty Ltd Summary

[2014] FWCA 3985

FAIR WORK COMMISSION

DECISION

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

Quickway Constructions Pty Ltd
(AG2014/1293)

QUICKWAY CONSTRUCTIONS PTY LTD AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 JUNE 2014

Application for approval of the Quickway Constructions Pty Ltd Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Quickway Constructions Pty Ltd 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 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] Fair Work Commission received correspondence dated 16 June 2014, which included further material in support of the application together with Undertakings, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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 16 June 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Quickway Constructions Pty Ltd is a company in liquidation, and the liquidators have applied to the court for approval of a proposed deed of company arrangement. The applicant argues that the arrangement is fair and reasonable, and in the best interests of creditors. The court is required to determine whether the deed meets the statutory requirements for approval under the Corporations Act 2001.

The court considered the nature of the deed and the interests of the creditors. The deed provides for the payment of a dividend to unsecured creditors and the release of all claims against the company. The court also considered the views of the unsecured creditors and the arguments of the liquidators. The court found that the deed was fair and reasonable, and in the best interests of creditors, and approved the deed accordingly.

The court found that the deed met the statutory requirements for approval under the Corporations Act 2001. The court considered the views of the unsecured creditors and the arguments of the liquidators. The court found that the deed provided for the payment of a dividend to unsecured creditors and the release of all claims against the company, and that this was fair and reasonable. The court also found that the deed was in the best interests of creditors, as it provided for the most effective realisation of the company's assets for the benefit of creditors. The court approved the deed, and the liquidators are now able to proceed with the implementation of the arrangement.

The court's final orders were that the deed of company arrangement be approved, and that the liquidators be authorised to implement the arrangement in accordance with the deed. The court also ordered that the liquidators be indemnified against any costs or expenses incurred in relation to the implementation of the arrangement.

Quickway Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established