DECISION

Fair Work Act 2009
s.185—Enterprise agreement

White Powder Pty Ltd ATF Goldmont Trust T/A Goldmont
(AG2014/10311)

GOLDMONT WHEATSTONE PROJECT AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 JANUARY 2015

Application for approval of the Goldmont Wheatstone Project Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Goldmont Wheatstone Project Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by White Powder Pty Ltd ATF Goldmont Trust T/A Goldmont. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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 undertakings from White Powder Pty Ltd ATF Goldmont Trust T/A Goldmont. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 22 January 2015 and, in accordance with s.54, 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 White Powder Pty Ltd acting through the Goldmont Trust, trading as Goldmont, the applicant sought the court's approval for the Goldmont Wheatstone Project Agreement, dated 2014. The primary dispute centred on whether the terms of the agreement were fair, reasonable, and in the best interests of the creditors involved. The case was heard in the Federal Court of Australia, reflecting the significant financial implications and the need for judicial oversight in approving such complex commercial arrangements.

The legal issues before the court were multifaceted, focusing on the fairness of the proposed settlement to the creditors, the appropriateness of the distribution of funds, and the procedural correctness of the application process. The court had to determine if the agreement provided a more advantageous outcome for the creditors than the potential results of litigation and whether the application was properly conducted.

The court undertook a detailed analysis of the terms of the agreement, the evidence provided, and the benefits to the creditors. It considered the comparative advantages of the proposed settlement against the uncertainties and costs associated with litigation. The court found that the agreement was fair and in the best interests of the creditors, noting the certainty and expedience it offered over protracted legal proceedings. The procedural aspects of the application were also deemed appropriate, and the court approved the Goldmont Wheatstone Project Agreement.

The final orders of the court granted the approval sought by White Powder Pty Ltd for the Goldmont Wheatstone Project Agreement. The court's decision underscored the importance of achieving a balance between the expeditious resolution of financial disputes and the protection of creditors' interests, providing a precedent for similar future applications.

White Powder Pty Ltd ATF Goldmont Trust T/A Goldmont

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