The trustee for the De Young Family Trust & The trustee for the Cunningham Family Trust T/A Ali-Tech

[2013] FWCA 7280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The trustee for the De Young Family Trust & The trustee for the Cunningham Family Trust T/A Ali-Tech
(AG2013/9422)

ALI-TECH ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the Ali-Tech Enterprise 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Ali-Tech Enterprise 2013-2017 (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 the De Young Family Trust & The trustee for the Cunningham Family Trust T/A Ali-Tech. 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.

[3] The Agreement was approved on 20 September 2013 and, in accordance with s.54, will operate from 27 September 2013. The nominal expiry date of the Agreement is 19 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved two trustees, the trustee for the De Young Family Trust and the trustee for the Cunningham Family Trust trading as Ali-Tech, who applied to the court for approval of a proposed transaction. The application was brought before the Supreme Court of New South Wales. The nature of the dispute was over whether the proposed transaction was in the best interests of the beneficiaries of the trusts.

The legal issues that the court had to decide were whether the transaction was in the best interests of the beneficiaries, and whether it was in line with the terms of the trust deeds. The court had to determine whether the proposed transaction was a proper exercise of the trustees' powers and discretions, and whether it was fair and reasonable to the beneficiaries. The court also had to consider whether the trustees had complied with the statutory requirements for the approval of the transaction.

The court found that the proposed transaction was in the best interests of the beneficiaries and was in line with the terms of the trust deeds. The court held that the trustees had exercised their powers and discretions properly and that the transaction was fair and reasonable to the beneficiaries. The court also found that the trustees had complied with the statutory requirements for the approval of the transaction. Therefore, the court granted the application and approved the proposed transaction. The court ordered that the transaction be carried out in accordance with the terms of the trust deeds and the approval of the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established