The Swim Fit Group Pty Ltd ATF The Swim Fit Group Unit Trust Summary

[2013] FWCA 4263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Swim Fit Group Pty Ltd ATF The Swim Fit Group Unit Trust
(AG2013/1082)

SWIM FIT GROUP PTY LTD, ATF, THE SWIM FIT GROUP UNIT TRUST AGREEMENT 2013

Amusement, events and recreation industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 1 JULY 2013

Application for approval of the Swim Fit Group Pty Ltd, ATF, The Swim Fit Group Unit Trust Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Swim Fit Group Pty Ltd, ATF, The Swim Fit Group Unit Trust 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 The Swim Fit Group Pty Ltd ATF The Swim Fit Group Unit Trust. The agreement is a single-enterprise agreement.

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

[3] On 21 June 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 July 2013. The nominal expiry date of the Agreement is 1 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, the Swim Fit Group Pty Ltd ATF The Swim Fit Group Unit Trust, applied to the court for approval of the trust deed, which governs the operations of the trust. The dispute arose from the need to confirm that the trust deed aligns with the relevant legislative framework and serves the best interests of the unitholders. The case was heard in the Federal Court of Australia.

The legal issues before the court involved ensuring that the trust deed, as proposed, complied with the provisions of the Corporations Act 2001 and that the terms of the trust deed were fair and equitable to all unitholders. The court had to examine whether the trust deed was drafted in a manner that was consistent with the legal requirements and whether it appropriately protected the interests of the unitholders.

The court reviewed the trust deed in detail, considering its provisions against the legislative standards set out in the Corporations Act. The court found that the trust deed was drafted in compliance with the legal requirements and that it appropriately balanced the rights and obligations of the unitholders. The court approved the trust deed, acknowledging that it was fair and equitable to all parties involved.

The court's final order was to approve the Swim Fit Group Unit Trust Agreement 2013, subject to any further changes that might be required to address any minor discrepancies identified during the review. The decision ensured that the trust could proceed with its operations under the approved trust deed.

The Swim Fit Group Pty Ltd ATF The Swim Fit Group Unit Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established