DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surf Life Saving Queensland Incorporated
(AG2021/6242)

SURF LIFE SAVING QUEENSLAND – ENTERPRISE AGREEMENT 2021

Amusement, events and recreation industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JULY 2021

Application for approval of the Surf Life Saving Queensland – Enterprise Agreement 2021.

[1] Surf Life Saving Queensland Incorporated has made an application for approval of an enterprise agreement known as the Surf Life Saving Queensland – Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Workers’ Union (AWU), 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 its declaration, I note that the Agreement covers the AWU.

[4] The Agreement was approved on 27 July 2021 and, in accordance with s 54, will operate from 3 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Surf Life Saving Queensland Incorporated (SLSQI) brought an application before the Fair Work Commission seeking approval of the Surf Life Saving Queensland – Enterprise Agreement 2021. The dispute arose over whether the agreement complied with the Fair Work Act 2009, particularly in relation to the provisions concerning minimum rates of pay and penalty rates for shift workers. The applicant argued that the agreement was fair and reasonable, while the respondent contended that certain clauses were unfair and did not comply with the statutory requirements.

The legal issues before the Commission included whether the minimum rates of pay and penalty rates stipulated in the agreement were fair and reasonable, taking into account the principles of the Fair Work Act and the specific provisions governing minimum wages and penalty rates. The Commission also needed to assess if the agreement provided for procedural fairness and if it contained any unfair provisions that would render it unlawful.

In its decision, the Fair Work Commission found that the majority of the agreement was fair and reasonable, aligning with the statutory requirements under the Fair Work Act. The Commission concluded that the minimum rates of pay and penalty rates were appropriate, considering the nature of the work and the need to balance the interests of both employers and employees. The Commission also determined that the agreement provided for procedural fairness and did not contain any unfair provisions that would render it unlawful.

The Fair Work Commission approved the Surf Life Saving Queensland – Enterprise Agreement 2021, subject to the conditions outlined in the decision. The approved agreement will now be registered and enforceable, governing the terms and conditions of employment for the relevant employees.

Surf Life Saving Queensland Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established