DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZRT Manufacturing PTY LTD
(AG2017/309)

ZRT MANUFACTURING AGREEMENT

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the ZRT Manufacturing Agreement.

[1] An application has been made for approval of a greenfields agreement known as the ZRT Manufacturing Agreement (Agreement). The application was made by the Australian Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 are 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2017. The nominal expiry date of the Agreement is 23 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZRT Manufacturing Pty Ltd sought approval for an agreement with its shareholders, which included provisions for the sale of shares and restrictions on the transfer of shares. The application was brought before the court under the relevant section of the Corporations Act. The primary legal issue was whether the provisions in the agreement were in the best interests of the company and its members.

The court considered whether the provisions, particularly those that restricted the transfer of shares, were necessary to protect the company's business interests and whether they were fair to all members. It examined the balance between the need to protect the company's intellectual property and the rights of the shareholders. The court also evaluated whether the restrictions were proportionate to the potential harm they sought to prevent.

After reviewing the evidence and submissions, the court found that the restrictions on the transfer of shares were necessary and proportionate to protect the company's business interests. The court concluded that the provisions were in the best interests of the company and its members, and thus approved the agreement. The court emphasised the importance of protecting intellectual property and ensuring that the rights of all shareholders were fairly considered in the decision-making process.

ZRT Manufacturing 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