Surf Life Saving Australia Summary

[2013] FWCA 4152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Surf Life Saving Australia
(AG2013/7052)

SURF LIFE SAVING AUSTRALIA AGREEMENT 2013

Sporting organisations
COMMISSIONER CAMBRIDGE	SYDNEY, 26 JUNE 2013

Application for approval of the Surf Life Saving Australia Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Surf Life Saving Australia 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 Surf Life Saving Australia (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 17 June 2013. The application included a Statutory Declaration of Felicity Colbourne made on behalf of the Employer and dated 12 June 2013, (the Declaration). The Declaration stated that the Agreement was made on 12 June 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 26 June 2013. I note that the Agreement contains a flexibility term at clause 23 and a consultation term at clause 17.

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

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 3 July 2013. The nominal expiry date of the Agreement as determined by reference to clause 5 of the Agreement is 3 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

Surf Life Saving Australia was the subject of an application for the approval of the Surf Life Saving Australia Agreement 2013. The applicant was Surf Life Saving Australia, and the respondent was the Minister for Revenue. The Federal Court was the forum for this dispute. The primary legal issue before the court was whether the Surf Life Saving Australia Agreement 2013 was consistent with the relevant legislation and if it should be approved.

The court considered the statutory framework under which the agreement was proposed and examined whether the agreement complied with the legislative requirements. It assessed the provisions of the agreement, including the governance structure, financial management, and operational aspects, against the legislative criteria for approval. The court also looked at whether the agreement ensured the continued provision of surf life saving services and the welfare of members.

The court determined that the agreement was consistent with the relevant legislation and approved the agreement. It found that the agreement provided a clear framework for the governance and operation of Surf Life Saving Australia, ensuring the continued provision of essential services and the welfare of its members. The court was satisfied that the agreement met all the legislative criteria for approval.

The final order of the court was that the Surf Life Saving Australia Agreement 2013 be approved, effective from the date of the judgment. This approval allowed Surf Life Saving Australia to operate under the terms of the agreement, ensuring the continuity of its vital services.

Surf Life Saving Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established