Surf Life Saving Services Pty Limited T/A Australian Lifeguard Service (NSW)

[2021] FWCA 6045

[2021] FWCA 6045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surf Life Saving Services Pty Limited T/A Australian Lifeguard Service (NSW)
(AG2021/6962)

AUSTRALIAN LIFEGUARD SERVICE (NSW) ENTERPRISE AGREEMENT

Health and Welfare Services
DEPUTY PRESIDENT CROSS	SYDNEY, 29 SEPTEMBER 2021

Application for approval of the Australian Lifeguard Service (NSW) Enterprise Agreement

[1] An application has been made for approval of an enterprise agreement known as the Australian Lifeguard Service (NSW) Enterprise Agreement (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 Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that the Agreement contains an NES precedence clause at cl. 1.4, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval The nominal expiry date of the Agreement is 29 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A