DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Modern Star Pty Ltd T/A Modern Teaching Aids Pty Ltd
(AG2016/3874)

MODERN STAR PARTNERSHIP AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the Modern Star Partnership Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Modern Star Partnership Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Modern Star Pty Ltd T/A Modern Teaching Aids Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 7 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties in this case were Modern Star Pty Ltd, trading as Modern Teaching Aids Pty Ltd, which brought the application for approval of the Modern Star Partnership Agreement 2016. The dispute centred on the validity and enforceability of the Partnership Agreement, with the company seeking to restructure its partnership arrangements. The application was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the Modern Star Partnership Agreement 2016 was in compliance with the relevant statutory requirements under the Partnership Act 1892 (Qld). Specifically, the court needed to determine if the agreement contained the necessary details required by law, such as the partnership's name, the place of business, and the duration of the partnership. Additionally, the court had to consider whether the agreement was properly executed by the partners and whether it accurately reflected the parties' intentions.

In reaching its decision, the court examined the contents of the Modern Star Partnership Agreement 2016 in detail. It found that the agreement did not explicitly state the partnership's name and place of business, which were critical omissions. However, the court also noted that the agreement was signed by all partners and contained a statement of account, which, while not explicitly detailing the partnership's name and place of business, provided enough information for the court to infer these details. Furthermore, the court considered the parties' conduct and the agreement's overall clarity in determining that it adequately reflected the partners' intentions. Consequently, the court approved the agreement, finding it to be valid and enforceable.

The court's final order was the approval of the Modern Star Partnership Agreement 2016, confirming its compliance with the statutory requirements and its enforceability as a binding agreement between the partners. This decision allowed Modern Star Pty Ltd to proceed with its restructured partnership arrangements.

Modern Star Pty Ltd T/A Modern Teaching Aids 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