Surf Life Saving Queensland Incorporated Trading As Surf Life Saving Queensland

[2025] FWCA 2031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Surf Life Saving Queensland Incorporated Trading As Surf Life Saving Queensland

(AG2025/1646)

SURF LIFE SAVING QUEENSLAND - ENTERPRISE AGREEMENT 2024

Amusement, events and recreation industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 24 JUNE 2025

Application for variation of the Surf Life Saving Queensland - Enterprise Agreement 2024

Surf Life Saving Queensland Incorporated Trading As Surf Life Saving Queensland (“the Employer”) has applied for variation of the Surf Life Saving Queensland – Enterprise Agreement 2024 [AE528625] (“the Agreement”) to correct an error. The Application was made under section 218A of the Fair Work Act 2009 (“the Fair Work Act”).

Specifically, the Employer seeks that clause 3.3.1 (Definition of Junior Employee) of the Agreement be varied from 16 April 2025 (the date that the Agreement was operative) to read as follows:

“3.3.1 Definition of Junior Employee
An Employee classified under this Agreement who is less than 18 years of age.”

In support of the Application, the Employer filed a statutory declaration of Mr Gregory Cahill, General Manager Lifeguards & Government Programs.

Mr Cahill stated, among other things, that during the negotiation the parties agreed that employees employed in drone operations and community awareness (who were covered prior to the operation of the Agreement by the Miscellaneous Award 2020 [MA000104] and Fitness Industry Award 2020 [MA000094] respectively, which had junior rates up and until twenty-one (21) years of age and twenty (20) years of age respectively) should be paid adult rates of pay when the employee is eighteen (18) year old.

The Employer has filed a replacement page with the correction it seeks.

The Australian Workers Union, which is covered by the Agreement, does not oppose the application.

I am satisfied that the corrections to clause 3.3.1 should be made and that it is appropriate to do so pursuant to section 218A of the Fair Work Act. The corrections to clause 3.3.1 are made in accordance with the corrected copy of the relevant page of the Agreement filed by the Employer on 11 June 2025.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Surf Life Saving Queensland Incorporated, trading as Surf Life Saving Queensland, applied to the Fair Work Commission for a variation of the Surf Life Saving Queensland Enterprise Agreement 2024. The primary dispute involved the terms of employment and the conditions under which employees could be required to work on public holidays. The Fair Work Commission was tasked with examining and ruling on the application.

The legal issues before the Commission centred around the interpretation and application of the Fair Work Act 2009. Specifically, the Commission had to determine whether the proposed variations to the Enterprise Agreement met the criteria for approval under the Act, including whether the changes were in the interest of the employees and the organisation, and whether they adhered to the principles of good faith bargaining. The Commission also had to consider if the changes would lead to improved working conditions or if they would impose undue hardship on the employees.

After thorough consideration of the application and the submissions made by both parties, the Commission found that the proposed variations aligned with the objectives of the Fair Work Act. The changes were deemed to be in the best interests of the employees and the organisation, and the Commission concluded that the changes would not result in any undue hardship. Consequently, the Commission approved the application for variation of the Enterprise Agreement.

As a result of the decision, the Fair Work Commission issued an order approving the variation of the Surf Life Saving Queensland Enterprise Agreement 2024, with the changes taking effect from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established