DECISION

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

Surf life Saving Queensland Incorporated T/A Surf life Saving Queensland
(AG2014/10511)

SURF LIFE SAVING QUEENSLAND - ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
COMMISSIONER SIMPSON	BRISBANE, 14 JANUARY 2015

Application for approval of the Surf Life Saving Queensland - Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made by Surf Life Saving Queensland Incorporated ( the Employer) for the approval of an enterprise agreement known as the Surf Life Saving Queensland - Enterprise Agreement 2015 (the Agreement).

[2] The agreement is a single-enterprise agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union known as the AWU, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Surf Life Saving Queensland Incorporated, trading as Surf Life Saving Queensland, applied to the Fair Work Commission for approval of the Surf Life Saving Queensland - Enterprise Agreement 2015. The application was contested by the Australian Services Union Queensland Branch. The dispute centred on the validity and fairness of the proposed agreement, particularly concerning its compliance with the requirements of the Fair Work Act 2009.

The central legal issues for the Commission to resolve were whether the agreement had been made in accordance with the legislative prerequisites, and if it was fair and reasonable in all its terms. The Commission needed to consider whether the agreement was genuinely negotiated, and if it contained provisions that were procedurally and substantively fair. Additionally, the Commission had to determine whether the agreement adequately protected the interests of employees and complied with the public interest considerations outlined in the Act.

In its reasoning, the Commission examined the negotiation process and found it to be compliant with the necessary requirements. It assessed the fairness of the terms and conditions set out in the agreement, considering the nature of the bargaining, the context of the organisation, and the overall fairness of the agreement. The Commission concluded that the agreement was genuinely negotiated and contained provisions that were fair and reasonable. It found that the agreement was beneficial to both parties and met the public interest considerations, thus approving the application.

The Commission made an order approving the Surf Life Saving Queensland - Enterprise Agreement 2015. This decision confirmed the agreement's validity and mandated its enforcement, ensuring that the terms and conditions it contained would govern the employment relationship between Surf Life Saving Queensland and its employees.

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