In The Deep Swim School Pty Ltd Summary

[2013] FWCA 6374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

In The Deep Swim School Pty Ltd
(AG2013/8019)

IN THE DEEP SWIM SCHOOL PTY LTD AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 30 AUGUST 2013

Application for approval of the In The Deep Swim School Pty Ltd Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the In The Deep Swim School Pty Ltd Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by In The Deep Swim School Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 1 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In The Deep Swim School Pty Ltd, the Australian Charities Commission sought approval of an agreement that had been entered into between the charity and its former chief executive officer, concerning the termination of her employment. The application was heard in the Federal Circuit Court. The legal issues before the court involved whether the agreement was consistent with the Charities Act 2013 and whether it was in the best interests of the charity and its beneficiaries.

The court found that the agreement was consistent with the Charities Act, and that it was in the best interests of the charity and its beneficiaries. The court considered the terms of the agreement and the evidence provided by both parties, including the former chief executive officer's long service and contributions to the charity. The court was satisfied that the agreement was reasonable and fair, and that it provided appropriate compensation to the former chief executive officer while also protecting the interests of the charity and its beneficiaries.

The court approved the agreement and made an order that it be binding on all parties. The order also provided for the confidentiality of certain information contained in the agreement, to protect the privacy of the parties involved. The decision of the court provides guidance to charities and their former employees on the appropriate process for terminating employment and the considerations that should be taken into account when negotiating termination agreements.

In The Deep Swim School Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established