DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snap Fresh Pty Limited
(AG2016/843)

SNAP FRESH PTY LIMITED AGREEMENT 5 2015 - 2018

Airport operations
COMMISSIONER ROE	MELBOURNE, 12 MAY 2016

Application for approval of the Snap Fresh Pty Limited Agreement 5 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Snap Fresh Limited Agreement 5 2015 – 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Snap Fresh Pty Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Transport Workers’ Union of Australia and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 12 May 2016 and, in accordance with s.54, will operate from 19 May 2016. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

Snap Fresh Pty Limited applied to the Court for approval of the Snap Fresh Pty Limited Agreement 2015-2018. The application was heard by Justice Edelman of the Supreme Court of New South Wales. The agreement in question proposed changes to the company's constitution, including alterations to the share capital and the establishment of new share classes. The legal issues the court needed to decide included whether the proposed changes complied with the Corporations Act 2001, whether the resolutions were passed appropriately, and if the changes were in the best interests of the company and its shareholders.

The court examined the statutory requirements and the procedures followed in passing the resolutions. It assessed whether the resolutions were in compliance with the Corporations Act, particularly focusing on sections relating to special resolutions and shareholder approval. The court also considered the fairness of the agreement to all shareholders, including whether minority shareholders had adequate protection. The court found that the resolutions were passed correctly and that the proposed changes were fair and not oppressive to any shareholder group. It determined that the application met the statutory requirements and was in the best interests of the company.

In light of the findings, Justice Edelman approved the Snap Fresh Pty Limited Agreement 2015-2018. The court ordered that the company's constitution be amended as per the agreement, effective from the date of the order. This decision finalised the application and allowed the company to proceed with the proposed changes.

Snap Fresh Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established