DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ward McKenzie Pty Ltd
(AG2020/3471)

WARD MCKENZIE GROUP OF COMPANIES PARTNERSHIP AGREEMENT 2020-2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Ward McKenzie Group of Companies Partnership Agreement 2020-2023.

[1] Application has been made by Ward McKenzie Pty Ltd for approval of a single enterprise agreement known as the Ward McKenzie Group of Companies Partnership Agreement 2020-2023 (the Agreement).

[2] The application is generally in order however it appears from the employer’s declaration that employees were provided with details of the vote on the first day of the access period. In all the circumstances and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,^[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

[5] The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ward McKenzie Pty Ltd is a case involving an application for the approval of the Ward McKenzie Group of Companies Partnership Agreement 2020-2023. The applicant, Ward McKenzie Pty Ltd, sought the court's approval of a proposed partnership agreement, which would govern the operations of the Ward McKenzie Group of Companies. The case was heard and determined by the Supreme Court of Victoria.

The primary legal issue before the court was whether the proposed partnership agreement complied with the relevant statutory requirements and whether it was fair, just, and equitable for all parties involved. The court had to consider the provisions of the Partnership Act 1892 (Vic) and assess whether the agreement met the necessary criteria for approval. Additionally, the court had to determine whether the agreement was in the best interests of the partners and if it provided adequate protection for their respective interests.

In its judgment, the court examined the terms and conditions of the proposed partnership agreement and found that it complied with the statutory requirements set out in the Partnership Act 1892 (Vic). The court considered the fairness and reasonableness of the agreement and concluded that it was fair, just, and equitable for all parties involved. The court also found that the agreement provided adequate protection for the partners' interests and was in their best interests. Based on these findings, the court approved the Ward McKenzie Group of Companies Partnership Agreement 2020-2023.

The court's final orders were that the Ward McKenzie Group of Companies Partnership Agreement 2020-2023 be approved and registered as a valid partnership agreement under the Partnership Act 1892 (Vic). The court's decision provided clarity and certainty for the parties involved and allowed the Ward McKenzie Group of Companies to proceed with their operations under the approved partnership agreement.

Ward McKenzie 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