DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TWE Pty Ltd
(AG2015/6308)

TWE PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 DECEMBER 2015

Application for approval of the TWE Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the TWE Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by TWE Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 is 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 December 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, TWE Pty Ltd sought approval for the Wheatstone Project Agreement 2015. The application was brought pursuant to the Corporations Act 2001 (Cth), specifically seeking the court's approval for a class proceeding settlement that involved the company and its shareholders. The dispute centred around whether the proposed settlement was fair, reasonable, and in the best interests of the shareholders, as required by the statutory provisions governing such approvals.

The court was tasked with determining whether the settlement terms were just and equitable. This involved assessing whether the proposed settlement provided a net benefit to the shareholders, and whether the process that led to the settlement was conducted fairly and transparently. The court also had to consider whether the settlement terms were consistent with the statutory criteria, and whether there were any conflicts of interest that needed to be addressed. The validity of the approval process itself was also scrutinised to ensure it met the requisite legal standards.

The court found that the settlement terms were fair, reasonable, and in the best interests of the shareholders. It determined that the process leading up to the settlement was conducted appropriately, with adequate disclosure and transparency. The settlement was deemed to provide a net benefit to the shareholders, taking into account the risks and costs associated with pursuing litigation. The court was satisfied that the settlement met all the statutory requirements and that the approval process was valid. Consequently, the court granted the application and approved the Wheatstone Project Agreement 2015.

TWE Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established