DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Life Saving Society Australia NT Branch
(AG2016/1579)

ROYAL LIFE SAVING SOCIETY AUSTRALIA - NORTHERN TERRITORY ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 18 AUGUST 2016

Application for approval of the Royal Life Saving Society Australia - Northern Territory Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Royal Life Saving Society Australia - Northern Territory Enterprise 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 Royal Life Saving Society Australia NT Branch. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2016. The nominal expiry date of the Agreement is 17 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Royal Life Saving Society Australia - Northern Territory Branch, applied for an approval of the Enterprise Agreement it had reached with its employees. The agreement was intended to govern the terms and conditions of employment for the employees of the Society. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the requirements of section 232 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the fair and efficient resolution of workplace issues, the protection of employees from discrimination and unfair treatment, and the provision of fair remuneration and conditions. The Commission also considered whether the agreement included the necessary provisions for the protection of vulnerable employees and whether it provided for the fair and efficient operation of the workplace.

The Commission found that the agreement contained the necessary provisions to ensure the fair and efficient resolution of workplace issues and the protection of employees from discrimination and unfair treatment. It also found that the agreement provided for fair remuneration and conditions and included provisions for the protection of vulnerable employees. The Commission was satisfied that the agreement provided for the fair and efficient operation of the workplace and approved the agreement. The Commission noted that the agreement provided for a transparent process for the resolution of workplace issues and the protection of employees from discrimination and unfair treatment.

The Commission approved the Royal Life Saving Society Australia - Northern Territory Enterprise Agreement 2016. The approval was subject to the agreement being registered with the Fair Work Commission. The agreement was approved as a safety net agreement, meaning that it provided at least the minimum entitlements set out in the National Employment Standards.

Royal Life Saving Society Australia NT Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established