Royal Life Saving Society Australia NT Branch

[2024] FWCA 3191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Life Saving Society Australia NT Branch

(AG2024/2959)

ROYAL LIFE SAVING SOCIETY AUSTRALIA - NORTHERN TERRITORY ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 SEPTEMBER 2024

Application for approval of the Royal Life Saving Society Australia - Northern Territory Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Royal Life Saving Society Australia - Northern Territory Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 September 2024. The nominal expiry date of the Agreement is 4 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Royal Life Saving Society Australia NT Branch sought approval of their proposed 2024 Enterprise Agreement. The dispute centred around the terms and conditions of employment for the employees of the organisation, including wages, hours of work, and other employment-related provisions. The Commission was tasked with determining whether the proposed agreement met the necessary legal standards and whether it was fair and reasonable in the circumstances.

The primary legal issues before the Commission were whether the proposed agreement contained all the mandated terms as per the Fair Work Act 2009, and whether it complied with the "better off overall test". This test requires that, in the Commission's view, employees should not be worse off financially under the proposed agreement compared to their previous conditions. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it adhered to the principles of enterprise bargaining.

The Commission found that the proposed agreement was comprehensive and included all mandatory terms required by the Fair Work Act. It also determined that the agreement was made in good faith and passed the better off overall test, as employees would not be worse off financially. The Commission was satisfied that the agreement reflected a fair and reasonable outcome for both the employer and employees. Consequently, the Commission approved the Royal Life Saving Society Australia NT Branch Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established