Ward Mckenzie Pty Ltd

[2023] FWCA 1984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ward Mckenzie Pty Ltd

(AG2023/1678)

WARD MCKENZIE GROUP OF COMPANIES PARTNERSHIP AGREEMENT 2023-2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2023

Application for approval of the Ward McKenzie Group of Companies Partnership Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Ward McKenzie Group of Companies Partnership Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ward Mckenzie Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Ward McKenzie Pty Ltd applied to the Federal Court for approval of the Ward McKenzie Group of Companies Partnership Agreement 2023-2026. The application was brought under the Corporations Act 2001 (Cth), which allows for the approval of partnership agreements for companies within a group. The partnership agreement outlined the terms and conditions under which the companies within the Ward McKenzie Group would operate during the specified period. The application sought the court’s approval to ensure the agreement was valid and enforceable under the relevant legislative framework.

The primary legal issues before the court were whether the proposed partnership agreement complied with the statutory requirements under the Corporations Act and whether it was in the best interests of the companies involved. The court needed to assess if the agreement adequately protected the interests of the companies and their stakeholders, and if it was structured in a manner that did not contravene any provisions of the Corporations Act. Additionally, the court considered whether the agreement provided sufficient transparency and accountability mechanisms within the partnership.

The court examined the partnership agreement in detail, finding that it met all statutory requirements and was appropriately drafted to protect the interests of the participating companies. The agreement included provisions for governance, dispute resolution, and financial reporting, which were deemed sufficient to ensure compliance with the Corporations Act. Furthermore, the court concluded that the agreement was in the best interests of the companies, as it facilitated coordinated operations and shared resources while maintaining individual accountability. Consequently, the court approved the partnership agreement, confirming its validity and enforceability under the relevant legislation.

No further orders were made beyond the approval of the partnership agreement. The court's decision ensures that the Ward McKenzie Group of Companies can proceed with their operations under the terms set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established