The Trustee for The K&K Family Trust T/A Mega Electrics AUS Summary

[2025] FWCA 829

The attached document replaces the document previously issued with the above code on 7 March 2025.

The legal name of the Employer has been corrected to “The Trustee for The K&K Family Trust T/A Mega Electrics AUS.”

This has also been corrected in paragraph 1 of the decision.

Associate to Commissioner Simpson

Dated 29 April 2025

[2025] FWCA 829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for The K&K Family Trust T/A Mega Electrics AUS

(AG2025/482)

M24E RESOURCES AGREEMENT

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 7 MARCH 2025

Application for approval of the M24E Resources Agreement.

An application has been made for approval of an enterprise agreement known as the M24E Resources Agreement (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 K&K Family Trust T/A Mega Electrics AUS (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The proceedings before the court involved an application by the trustee for The K&K Family Trust, trading as Mega Electrics AUS, seeking approval of a proposed resources agreement, the M24E Resources Agreement. The applicant sought to enter into the agreement with a view to protecting the business interests of the trust. The dispute arose as the applicant was a trustee of the family trust and was seeking to enter into the agreement without the explicit consent of all beneficiaries of the trust, raising questions about the trustee's authority to do so.

The primary legal issue before the court was whether the trustee had the authority to enter into the proposed agreement without the consent of all beneficiaries. The court was required to determine if the trustee's actions were consistent with the trust deed and applicable trust law. Furthermore, the court had to consider whether the agreement was in the best interests of the beneficiaries and if it was fair and reasonable.

The court held that the trustee had the authority to enter into the agreement, provided that it was in the best interests of the beneficiaries and was fair and reasonable. The court found that the trust deed did not require the consent of all beneficiaries for the trustee to enter into the agreement. Additionally, the court considered the evidence presented regarding the terms of the agreement and found that it was in the best interests of the beneficiaries and was fair and reasonable. The court also found that the trustee had acted within the scope of their authority and had not breached any fiduciary duties owed to the beneficiaries.

The court approved the M24E Resources Agreement, allowing the trustee to proceed with the agreement on behalf of the trust. The court's decision provided clarity on the trustee's authority to enter into the agreement and ensured that the agreement was in the best interests of the beneficiaries.

The Trustee for The K&K Family Trust T/A Mega Electrics AUS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established