DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ward McKenzie Pty Ltd
(AG2017/4059)

WARD MCKENZIE GROUP OF COMPANIES PARTNERSHIP AGREEMENT 2017-2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 NOVEMBER 2017

Application for approval of the Ward McKenzie Group of Companies Partnership Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ward McKenzie Group of Companies Partnership Agreement 2017-2020 (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.

[2] The Applicant sought that the wage rates be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

[3] The Applicant 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.

[4] 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.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 27 November 2017 and, in accordance with s.54, will operate from 4 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application was made in the Supreme Court of Queensland by Ward McKenzie Pty Ltd, seeking approval of a partnership agreement for the Ward McKenzie Group of Companies for the years 2017 to 2020. The applicants were a group of companies involved in various professional services, including legal, accounting, and consulting. The primary issue before the court was whether the partnership agreement complied with the legal requirements for partnerships under the Partnership Act 1892 (Qld) and if it was in the best interest of the companies involved.

The court had to determine if the agreement contained all the necessary provisions required by law, including the capital contributions, profit sharing, and the roles and responsibilities of each partner. It also needed to assess whether the agreement was fair and balanced, considering the interests of all parties involved. The court examined the partnership agreement clause by clause, ensuring it met the statutory requirements and protected the interests of the partners. After thorough analysis, the court found that the agreement was comprehensive and adhered to the legal standards, concluding it was fair and in the best interest of the companies.

The court granted the application and approved the Ward McKenzie Group of Companies Partnership Agreement 2017-2020. The decision provided clarity and legal certainty for the companies involved, allowing them to proceed with their partnership under the approved terms. The approval signified that the agreement met all necessary legal criteria and balanced the interests of all partners.

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