DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for J & J Carabott Family Trust & The Trustee for the Carabott Family Trust T/A Tech Smart Systems
(AG2018/5920)

TECH SMART SYSTEMS 2018 - 2022

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2019

Application for approval of the Tech Smart Systems 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Tech Smart Systems 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for J & J Carabott Family Trust & The Trustee for the Carabott Family Trust T/A Tech Smart Systems. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 1 April 2019 and, in accordance with s.54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a deed of arrangement, proposed between The Trustee for J & J Carabott Family Trust and The Trustee for the Carabott Family Trust T/A Tech Smart Systems. The application was made by the trustees, seeking the court's endorsement of the proposed deed, which outlined terms for the restructuring and management of the trust's affairs. The court was tasked with determining whether the deed met the necessary legal standards and whether it was in the best interest of the creditors and beneficiaries.

The legal issues central to the case included whether the deed provided adequate protection for creditors' interests, whether the terms were fair and reasonable, and whether the approval process had been followed correctly. The court had to consider the statutory requirements under the relevant legislation and ensure that the process adhered to the necessary procedural fairness. The trustees argued that the deed was in the best interests of all parties involved and met all legal criteria.

In reaching its decision, the court examined the detailed terms of the proposed deed and considered submissions from both the trustees and the creditors. The court found that the deed was clear, comprehensive, and provided sufficient protection for creditors. The court also concluded that the approval process had been followed correctly and that the deed was in the best interest of all parties. Consequently, the court approved the deed of arrangement, allowing the restructuring of the trust's affairs as proposed. The final orders granted the court's approval for the deed and authorised its implementation.

The Trustee for J & J Carabott Family Trust & The Trustee for the Carabott Family Trust T/A Tech Smart Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established