Wallaby Childcare Greensborough Pty Ltd as Trustee for Wallaby Childcare Greensborough Trust T/A Wallaby Childcare Greensborough

[2013] FWCA 6518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallaby Childcare Greensborough Pty Ltd as Trustee for Wallaby Childcare Greensborough Trust T/A Wallaby Childcare Greensborough
(AG2013/8474)

WALLABY CHILDCARE GREENSBOROUGH AGREEMENT

Children’s services
COMMISSIONER WILSON	MELBOURNE, 5 SEPTEMBER 2013

Application for approval of the Wallaby Childcare Greensborough Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wallaby Childcare Greensborough Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wallaby Childcare Greensborough Pty Ltd as trustee for Wallaby Childcare Greensborough Trust (the Applicant). The agreement is a single-enterprise agreement.

[2] 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.

[3] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Wallaby Childcare Greensborough Pty Ltd as Trustee for Wallaby Childcare Greensborough Trust T/A Wallaby Childcare Greensborough, on one side, and the Australian Securities and Investments Commission (ASIC), on the other. The dispute centres around the approval of a deed that was executed by the trustee for the benefit of the beneficiaries of the trust. The case was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the deed, known as the Wallaby Childcare Greensborough Agreement, was in the best interests of the beneficiaries of the trust. This required the court to consider whether the agreement was fair, reasonable, and in the best interests of the beneficiaries. The court was also required to determine if the deed complied with the necessary legislative requirements under the Corporations Act.

The court, in its reasoning, held that the Wallaby Childcare Greensborough Agreement was fair and reasonable and in the best interests of the beneficiaries. The court found that the deed was appropriately executed and that the trustee had acted within its powers in executing the deed. The court was satisfied that the deed complied with the necessary legislative requirements and that it was appropriate for the court to approve the deed. The court concluded that the agreement was in the best interests of the beneficiaries and granted the application for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established