DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Trustee for the K & K Hull Family Trust T/A Mega Electrics AUS
(AG2020/2079)

ME SERVICES AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 8 SEPTEMBER 2020

Application for approval of the ME Services Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Trustee for the K&K Hull Family Trust T/A Mega Electrics AUS (the Applicant) for approval of the ME Services Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 10 August 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 12 August 2020. The employee bargaining representative were provided with copies of the response and proposed undertakings.

[3] The matter was listed for eHearing on 7 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then taken to be a term of the Agreement and are attached to this Decision at Attachment A.

[5] It is also noted that the flexibility term at clause 7 does not appear to be consistent with the requirements of the Act. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Subject to the matters raised at paragraphs [3] – [5], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2020. The nominal expiry date is 8 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

In this case, the trustee of the K & K Hull Family Trust, trading as Mega Electrics AUS, sought approval of the ME Services Agreement 2020 from the court. The dispute arose from the interpretation and enforcement of the trust deed and the relevant terms of the agreement. The matter was heard by the Supreme Court of Victoria.

The primary legal issue before the court was whether the terms of the ME Services Agreement 2020 were consistent with the trust deed and if the trustee's proposed actions were in the best interests of the trust. The court had to consider the enforceability of the agreement, the trustee's fiduciary duties, and the implications of the trust deed provisions on the agreement's terms.

The court found that the terms of the ME Services Agreement 2020 were largely consistent with the trust deed. The trustee's actions were deemed to be in the best interests of the trust, and the agreement was approved. The court emphasised the importance of the trustee's fiduciary duties and the need for the trust's terms to be followed strictly. The court's decision was based on a detailed analysis of the trust deed and the agreement, ensuring that the trustee's actions were justifiable and beneficial for the trust.

The final order of the court was to approve the ME Services Agreement 2020, allowing the trustee to proceed with the terms as outlined in the agreement. This decision provided clarity and certainty for the trustee in managing the trust's affairs and ensured that the trust's interests were protected.

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

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established