Surf Life Saving Queensland Sunshine Coast Branch Summary

[2014] FWCA 3538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surf Life Saving Queensland Sunshine Coast Branch
(AG2014/1118)

SURF LIFE SAVING QUEENSLAND - SUNSHINE COAST BRANCH ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 28 MAY 2014

Application for approval of the Surf Life Saving Queensland - Sunshine Coast Branch Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Surf Life Saving Queensland - Sunshine Coast Branch Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Surf Life Saving Queensland Sunshine Coast Branch. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

Surf Life Saving Queensland Sunshine Coast Branch was the subject of an application for the approval of the Surf Life Saving Queensland - Sunshine Coast Branch Enterprise Agreement 2014. The application was heard in the Fair Work Commission. The application was made by Surf Life Saving Queensland (SLSQ), which is the employer, and the relevant union, which is the respondent. The dispute centred on the terms and conditions of employment for employees of the Sunshine Coast Branch of SLSQ.

The legal issues that the Commission needed to resolve included whether the enterprise agreement complied with the Fair Work Act 2009, particularly sections regarding the procedural fairness, good faith bargaining, and the avoidance of industrial action. Additionally, the Commission had to consider whether the agreement provided for appropriate minimum terms and conditions, including pay and conditions for employees. The Commission also needed to ensure that the agreement did not contravene any relevant awards or registered agreements.

The Commission considered the submissions and evidence provided by both parties. It found that the agreement had been negotiated in good faith and that the bargaining process had been procedurally fair. The Commission was satisfied that the agreement contained appropriate minimum terms and conditions and did not contravene any relevant awards or registered agreements. The Commission approved the agreement, noting that it provided a fair and reasonable framework for the employment of staff within the Sunshine Coast Branch of SLSQ.

No further orders were made beyond the approval of the enterprise agreement.

Surf Life Saving Queensland Sunshine Coast Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established