Tati Resources Pty Ltd

[2013] FWCA 4278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tati Resources Pty Ltd
(AG2013/1295)

TATI RESOURCES PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 JULY 2013

Application for approval of the Tati Resources Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tati Resources Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Tati Resources Pty Ltd, the matter was brought before the Federal Court of Australia. The dispute centred around the approval of the Wheatstone Project Agreement 2013, which was proposed by Tati Resources Pty Ltd. The company sought the court's approval for the agreement under the Corporations Act 2001. The need for this approval arose due to the specific terms of the agreement, which required court validation to be binding.

The legal issues before the court involved determining whether the proposed Wheatstone Project Agreement 2013 met the statutory requirements for court approval. The primary concern was whether the agreement was fair and reasonable to the company's members, as required by section 232 of the Corporations Act. Additionally, the court needed to assess if the agreement was in the best interests of the company and if it complied with the relevant provisions of the Act.

The court thoroughly examined the terms and implications of the Wheatstone Project Agreement 2013. It concluded that the agreement was fair and reasonable to the members of Tati Resources Pty Ltd and aligned with the statutory requirements for court approval. The court found that the agreement was beneficial to the company and its members, considering the commercial benefits and strategic advantages it provided. As a result, the court granted the approval sought by Tati Resources Pty Ltd for the Wheatstone Project Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established