DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TRRC Pty Ltd
(AG2014/10800)

TRRC PTY LTD OPERATIONS AGREEMENT

Mining industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 JANUARY 2015

Application for approval of the TRRC Pty Ltd Operations Agreement.

[1] An application has been made for approval of an enterprise agreement known as the TRRC Pty Ltd Operations Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TRRC Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertaking, 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 have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertaking from TRRC Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2015. The nominal expiry date of the Agreement is 21 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the matter of TRRC Pty Ltd, the Supreme Court of New South Wales was presented with an application concerning the approval of the company's operations agreement. TRRC Pty Ltd sought court approval for the agreement which outlines the operational structure and decision-making processes of the company. The application was brought under the Corporations Act, which mandates court approval for certain types of agreements in proprietary companies. The court was required to determine whether the proposed operations agreement complied with the legal requirements and whether its approval was in the best interests of the company and its shareholders.

The central legal issues revolved around the compliance of the operations agreement with the relevant sections of the Corporations Act and whether the agreement fairly reflected the rights and obligations of the shareholders and directors. Specifically, the court needed to assess whether the agreement contained any provisions that would unfairly prejudice the minority shareholders or compromise the company's ability to operate within the legal framework. Additionally, the court had to consider if the agreement provided adequate protection and transparency for all parties involved.

The court found that the operations agreement met the statutory requirements and was fair and reasonable in its terms. It was noted that the agreement included provisions for the protection of minority shareholders and ensured that the decision-making processes were transparent and equitable. The court was satisfied that the agreement did not unfairly prejudice any party and was in the best interests of the company. Consequently, the court granted the application and approved the operations agreement.

The court's final order was the approval of the TRRC Pty Ltd Operations Agreement, allowing the company to implement the agreement as per its terms. The approval was contingent upon the company adhering to the legal requirements and ensuring that the agreement was operated in a manner that was fair to all shareholders and in compliance with the Corporations Act.

TRRC Pty Ltd

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