Catchwords:

INDUSTRIAL LAW – appeal from refusal to grant leave to amend defence, findings and orders of the Federal Circuit and Family Court of Australia (Division 2) – Fair Work Act 2009 (Cth) s 716 – compliance notice issued by Fair Work Inspector appointed by Fair Work Ombudsman – whether Fair Work Inspector’s “reasonable belief” includes belief based on a course of conduct rather than alleged contraventions at specified times or on specified occasions – whether “specified action” required to remedy alleged contravention may include calculation of alleged underpayment or identification of alleged essential integers of contravention – what “brief details” of alleged contravention compliance notice must set out – whether Social, Community, Home Care and Disability Services Industry Award 2010 covers community language schools – whether refusal to allow appellant to amend its defence was in error – whether obligation to comply with notice continued after time specified in notice for compliance– appeal dismissed.

STATUTORY INTERPRETATION – appeal – whether primary judge erred in construction of provisions of Fair Work Act 2009 (Cth) – Fair Work Act 2009 (Cth) ss 3(b), 716, 717 – “reasonable belief” of Fair Work Inspector – “specified action” to remedy alleged contravention – “brief details” of alleged contravention – whether obligation to comply with compliance notice continued after time specified in notice for compliance – significance of “reasonable excuse”.