Australia, April 26 -- United Civil Resources Pty. Ltd. (ACN: 634 040 323) has issued an insolvency 'notice of meeting of eligible employee creditors.'
Status: Administrator Appointed
Appointment Date: March 24
Meeting Details: "Notice is given that a meeting of the eligible employee creditors of the Company, or a meeting for each of the Companies, (for multiple companies), will be held:
Location: Level 1, 160 Pacific Highway
Charlestown NSW 2290
Meeting date: 02 May 2025
Meeting time: 02:00PM."
The agenda of the meeting is: "Agenda items are:
any other business
? The Employee Meeting will be held before the second meeting of creditors pursuant to section -- of the Corporations Act -0-(Cth) (Act) (Second Meeting), where creditors will be asked to consider a proposed Deed of Company Arrangement (DOCA). Among other things, the DOCA provides that all employee entitlements of the Company, except superannuation, will be preserved and paid by the Company in the ordinary course of business. Further details regarding the DOCA and its impact on eligible employee creditors is set out in the Administrator?s report pursuant to ----of Insolvency Practice Rules (Corporations) -- (Administrator?s Report).
? The purpose of the Employee Meeting is for eligible employee creditors to consider a resolution pursuant to section --A(- of the Act that the DOCA not include a provision that eligible employee creditors are entitled to a priority for preserved entitlements in accordance to section -- -0 and --of the Act.
? This means that it is proposed that claims for leave entitlements of eligible employee creditors i.e. those staff who remain employed by the Company will not be paid from the DOCA (other than claims for overdue Superannuation Guarantee Charge and superannuation relating to the period prior to the Administration). Instead, such claims will be preserved and will be paid by the Company in the ordinary course of business.
? The non-inclusion of the priority provisions set out in sections -- -0 and --of the Act, will result in only amounts relating to outstanding superannuation guarantee charges outstanding as at - March -- being made to continuing employees from the DOCA.
? This means that whilst amounts are not paid to continuing employees from the DOCA, all their rights to claim entitlements continue as they have continued employment and may take leave as a part of their ongoing employment.
? The effect of Insolvency Practice Rules (Corporations) section --- (entitlement to vote at meetings of creditors, which applies to employee voting at a meeting of this type) is as follows: -
o A person other than an employee creditor (or the employee creditors proxy or attorney) is not entitled to vote at a meeting of employee creditors.
o Subject to section (c) and (d), each employee creditor is entitled to vote and has one vote.
o A person is not entitled to vote as an employee creditor at a meeting of employee creditors unless:
? His or her debt or claim has been admitted wholly or in part by the external administrator; or
? He or she has lodged, with a person residing at the meeting, or with the person named in the notice convening the meeting as the person who may receive particulars of the debt or claim:
? Those particulars; or
? If required ? a formal proof of debt or claim.
o An employee creditor must not vote in respect of:
? An unliquidated debt; or
? A contingent debt; or
? An liquidated or a contingent claim; or
? A debt the value of which is not established
Unless a just estimate of its value has been made.
? Proofs of debt and proxies must be submitted by -m, -May --.
? If an employee is not able to attend the employee meeting they should appoint a proxy to vote on their behalf. The proxy form allows employees to submit a proxy for the employee and the second meeting. ."
The detailed information can be found at: https://publishednotices.asic.gov.au/browsesearch-notices/notice-details/United-Civil-Resources-Pty-Limited-634040323/32407732-3ba7-4ed9-9be6-7d15c58b526a
NOTE: This information has been taken from the Australian Securities and Investment Commission's website.
Disclaimer: Curated by HT Syndication.