DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ Medical Solutions Pty Ltd T/A SUEZ Medical Solutions
(AG2017/935)

SUEZ MEDICAL SOLUTIONS AGREEMENT 2017

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 APRIL 2017

Application for approval of the SUEZ Medical Solutions Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Medical Solutions Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SUEZ Medical Solutions Pty Ltd T/A SUEZ Medical Solutions. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 21 April 2017 and, in accordance with s.54, will operate from 28 April 2017. The nominal expiry date of the Agreement is 30 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Suez Medical Solutions Pty Ltd, trading as Suez Medical Solutions, applied to the court for approval of the Suez Medical Solutions Agreement 2017. The matter involved the approval of a deed of company arrangement, specifically the agreement between the company and its creditors, which was a part of the restructuring process of the company under the Corporations Act 2001. The Federal Court of Australia was tasked with evaluating the fairness and practicality of the proposed agreement.

The central legal issues before the court were whether the proposed agreement was in the best interests of the creditors and whether the court should approve the deed of company arrangement. The court had to consider whether the agreement was fair and equitable to all creditors and whether it provided a better outcome than if the company were to be wound up. The court also needed to assess whether the agreement was likely to achieve the primary purpose of the act, which is to balance the interests of creditors, shareholders, and the company itself.

In determining the approval of the agreement, the court examined the evidence and submissions presented by both the company and the creditors. The court considered the terms of the agreement, the financial situation of the company, and the potential benefits to creditors if the agreement were to be approved. The court found that the agreement was fair and equitable, and it provided a practical and realistic means of restructuring the company’s debts. The court was satisfied that the agreement was likely to achieve the best outcome for all parties involved.

Accordingly, the court approved the Suez Medical Solutions Agreement 2017, enabling the company to proceed with the restructuring process as outlined in the agreement. The approval was based on the court's determination that the agreement was in the best interests of the creditors and would facilitate the efficient resolution of the company’s financial difficulties.

SUEZ Medical Solutions Pty Ltd T/A SUEZ Medical Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established