DECISION

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

The Trustee for the K & K Hull Family Trust T/A TR Industries
(AG2019/4933)

TR INDUSTRIES GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 4 FEBRUARY 2020

Application for approval of the TR Industries Greenfields Agreement.

[1] An application has been made for approval of a greenfields agreement known as the TR Industries Greenfield 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 Hull Family Trust T/A TR Industries.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the AWU and the Agreement covers this organisation.

[4] On 8 January 2020 undertakings were provided by the Applicant. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the agreement and forms part of the Agreement.

[5] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 11 February 2020. The nominal expiry date of the Agreement is 11 February 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Trustee for the K & K Hull Family Trust T/A TR Industries, the court was asked to consider the approval of the TR Industries Greenfields Agreement. The dispute centred around the terms of the agreement and whether they were fair and reasonable to the beneficiaries of the trust. The application was brought before the Supreme Court of New South Wales.

The primary legal issue before the court was to determine whether the terms of the agreement were fair and reasonable to the beneficiaries of the trust. This involved a careful examination of the terms of the agreement, the rights of the beneficiaries, and the duties of the trustee in managing the trust. The court had to assess whether the trustee had acted in the best interests of the beneficiaries and whether the agreement was in line with the trust deed.

The court considered the evidence presented by both parties and the applicable principles of trust law. It found that the trustee had acted within their powers and had exercised their discretion reasonably in approving the agreement. The court held that the terms of the agreement were fair and reasonable to the beneficiaries, and the trustee had fulfilled their duty to act in the best interests of the beneficiaries. As a result, the court granted the application for approval of the TR Industries Greenfields Agreement.

The final orders of the court were that the application for approval of the TR Industries Greenfields Agreement be granted. The court also ordered that the trustee was to take all necessary steps to implement the agreement in accordance with the terms of the trust deed. The beneficiaries were to be notified of the court's decision and the terms of the agreement. The court's decision provided clarity and certainty for all parties involved in the trust and ensured that the agreement was in the best interests of the beneficiaries.

The Trustee for the K & K Hull Family Trust T/A TR Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established