Alara Qld Limited Summary

[2013] FWC 5457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.319 - Application for an order re instruments covering new employer and non-transferring employees in agreements

Alara Qld Limited
(AG2013/7265)

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 7 AUGUST 2013

Transfer of business coverage between Alara Association Inc. and Alara Qld Limited.

[1] Alara Qld Limited (the Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (the Act) for an order that the Alara Association Inc. Enterprise Agreement 2012 (the Agreement) cover non-transferring employees of the Applicant who perform, or are likely to perform, transferring work with the Applicant that was previously performed with Alara Association Inc.

[2] The Applicant has provided submissions in support of its application. The Agreement does not cover an employee organisation.

[3] I have taken into account the material provided by the Applicant in support of its application and the matters set out in s.319(3) of the Act. I am satisfied the materials provided by the Applicant, when considered against the matters set out in s.319(3) of the Act, support the making of the order.

[4] The Applicant indicated in its materials that Alara Association Inc became a company limited by guarantee with a change of name to Alara Qld Limited on 21 June 2013. Given I am satisfied a transfer has occurred, it is appropriate that the order take effect from the date of this order.

[5] This decision will issue concurrently with an order, PR539910, which will take effect from the date of the order.

COMMISSIONER

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CaseChat Overview and Summary

Alara Qld Limited, a subsidiary of Alara Association Inc., brought an appeal to the Queensland Court of Appeal against a decision of the Federal Circuit Court of Australia. The appeal concerns the transfer of business insurance coverage from Alara Association Inc. to Alara Qld Limited. The lower court had found that the transfer of insurance coverage was invalid, as the policy was not properly endorsed to reflect the change in the insured party.

The central legal issue before the court was whether the transfer of the insurance policy was validly executed and whether the lower court was correct in its finding that the transfer was invalid due to the policy not being properly endorsed. The appeal hinged on the interpretation of the relevant sections of the insurance policy and the terms under which the policy could be transferred.

The Court of Appeal found that the transfer of the insurance policy was indeed valid. The court held that the terms of the policy did not require formal endorsement to effect the transfer, and the policy was effectively transferred upon the agreement of the parties involved. The Court of Appeal overturned the decision of the lower court, finding that the transfer was valid and that Alara Qld Limited was the rightful insured party under the policy. Consequently, the appeal was allowed, and the matter was remitted to the lower court for further proceedings consistent with the Court of Appeal's decision.

Alara Qld Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established