DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surf Life Saving Queensland Incorporated T/A Surf Life Saving Queensland
(AG2018/3059)

SURF LIFE SAVING QUEENSLAND – ENTERPRISE AGREEMENT 2018

Amusement, events and recreation industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 NOVEMBER 2018

Application for approval of the Surf Life Saving Queensland – Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Surf Life Saving Queensland – Enterprise Agreement 2018 (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 Queensland Incorporated T/A Surf Life Saving Queensland. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 November 2018 and, in accordance with s.54, will operate from 28 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Surf Life Saving Queensland Incorporated, trading as Surf Life Saving Queensland, applied for the approval of the Surf Life Saving Queensland – Enterprise Agreement 2018, before the Fair Work Commission. The primary dispute involved the terms and conditions of employment for the employees of Surf Life Saving Queensland, with a focus on the proposed agreement’s compliance with the Fair Work Act 2009. The Commission was required to determine whether the agreement met the statutory requirements for approval under the legislation, including whether it provided for the terms and conditions of employment of the employees to which it applied.

The legal issues before the Commission included whether the proposed agreement adequately covered all mandatory bargaining subjects, provided for a fair and reasonable process for the resolution of workplace disputes, and included appropriate provisions for the protection of employees' rights and interests. The Commission also needed to assess whether the agreement was in the best interests of the employees it covered, taking into account the overall balance of benefits and detriments. A key consideration was whether the proposed agreement provided for a minimum rate of pay that was no less favourable than the applicable award or registered agreement, and whether it included adequate provisions for the protection of employees' health and safety.

The Fair Work Commission found that the Surf Life Saving Queensland – Enterprise Agreement 2018 met the necessary statutory requirements for approval. The Commission was satisfied that the agreement covered all mandatory bargaining subjects, provided a fair and reasonable process for the resolution of workplace disputes, and included appropriate provisions for the protection of employees' rights and interests. The Commission also found that the agreement was in the best interests of the employees it covered, as it provided for a minimum rate of pay that was no less favourable than the applicable award or registered agreement and included adequate provisions for the protection of employees' health and safety. The Commission approved the agreement, which will now apply to the employees of Surf Life Saving Queensland as of the effective date specified in the agreement.

Surf Life Saving Queensland Incorporated T/A Surf Life Saving Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established