Surf Life Saving Queensland Summary

[2013] FWCA 6295

FAIR WORK COMMISSION

DECISION

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

Surf Life Saving Queensland
(AG2013/1613)

SURF LIFE SAVING QUEENSLAND - ENTERPRISE AGREEMENT 2013

Amusement, events and recreation industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 29 AUGUST 2013

Application for approval of the Surf Life Saving Queensland - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Surf Life Saving Queensland - Enterprise Agreement 2013 (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. The agreement is a single-enterprise agreement.

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

[3] On 26 August 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Surf Life Saving Queensland (SLSQ) applied to the Fair Work Commission for approval of an enterprise agreement made with its employees. The agreement sought to regulate the terms and conditions of employment for lifeguards and other staff. The application was contested by the Australian Council of Trade Unions (ACTU), representing the employees. The Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The legal issues revolved around the provisions of the Fair Work Act, particularly whether the agreement was made in good faith and if it provided for the proper bargaining of terms and conditions of employment.

The Commission considered the arguments presented by both parties and examined the terms of the proposed agreement. It found that the agreement had been made in good faith and that the parties had genuinely attempted to negotiate the terms. The Commission also determined that the agreement provided for the proper bargaining of terms and conditions of employment and that it met the requirements for approval under the Fair Work Act. The Commission took into account the need for flexibility in the agreement to accommodate the unique nature of the work undertaken by SLSQ employees, such as lifeguards, who may need to work irregular hours and be on call. The Commission concluded that the proposed agreement was in the best interests of the employees and approved the enterprise agreement.

Consequently, the Fair Work Commission approved the Surf Life Saving Queensland - Enterprise Agreement 2013. The agreement, which sets out the terms and conditions of employment for lifeguards and other staff, was deemed to meet the requirements for approval under the Fair Work Act. The decision highlights the importance of genuine negotiation and the need for flexibility in enterprise agreements to accommodate the unique nature of certain industries. The approval of the agreement ensures that the employees of Surf Life Saving Queensland have a fair and reasonable set of terms and conditions to govern their employment.

Surf Life Saving Queensland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established