Quickway Solutions Pty Ltd

[2013] FWCA 5838

FAIR WORK COMMISSION

DECISION

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

Quickway Solutions Pty Ltd
(AG2013/1371)

QUICKWAY SOLUTIONS PTY LTD AGREEMENT - 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 AUGUST 2013

Application for approval of the Quickway Solutions Pty Ltd Agreement - 2013.

[1] An application has been made for approval of an enterprise agreement known as the Quickway Solutions Pty Ltd Agreement - 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Quickway Solutions Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. The attached Schedule with the notation “Final 2” replaces Schedule 1 that formed part of the original filed enterprise agreement application. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[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 is 26 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

The applicants, Quickway Solutions Pty Ltd, sought approval of an agreement to restructure their company in the Supreme Court of Victoria. The proposed agreement would have seen the company's assets and liabilities transferred to a new company, while the old company was placed into liquidation. The dispute centred on whether the agreement was fair and in the best interests of the company's creditors. The court was required to determine whether the agreement was in line with the requirements of the Corporations Act 2001 (Cth) and whether it was likely to result in a better outcome for creditors than if the company were to be wound up immediately.

The court considered whether the agreement met the statutory requirements for a court-approved restructuring plan, including whether it was a genuine attempt to restructure the company and whether it was in the best interests of the creditors. The court also examined whether the agreement was fair and reasonable, taking into account the interests of all stakeholders, including the company's employees and any potential buyers of the company's assets. The court found that the agreement met the statutory requirements and was in the best interests of the creditors, as it provided a better outcome for them than if the company were to be wound up immediately.

The court approved the Quickway Solutions Pty Ltd Agreement - 2013, allowing the company to proceed with the restructuring plan. The court found that the agreement was a genuine attempt to restructure the company and was in the best interests of the creditors. The court also found that the agreement was fair and reasonable, taking into account the interests of all stakeholders. The court's approval of the agreement allows Quickway Solutions Pty Ltd to transfer its assets and liabilities to a new company and proceed with the liquidation of the old company. The court's decision provides a clear framework for future restructuring agreements, ensuring that they are in the best interests of all stakeholders and meet the statutory requirements for court approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established