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

[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

ANNEXURE A

CaseChat Overview and Summary

Surf Life Saving Services Pty Limited, trading as the Australian Lifeguard Service (NSW), sought approval for their Enterprise Agreement. The matter was heard by the Fair Work Commission, where the dispute centred around the terms and conditions of employment for lifeguards under the proposed agreement. The application for approval was made on the basis that the agreement met the criteria for an approved enterprise agreement as stipulated under the Fair Work Act 2009.

The legal issues before the Commission involved whether the proposed agreement complied with the procedural and substantive requirements of the Act. Specifically, the Commission had to consider whether the agreement was fairly negotiated, contained the necessary minimum terms and conditions, and was free from any unfair content. The Commission also had to determine whether the agreement was in the best interest of the employees it covered, and whether it was appropriately certified by an independent certifier.

In its decision, the Commission examined the negotiation process, the contents of the agreement, and the certification provided. The Commission noted that the agreement was the result of a negotiation process that involved the employer and employee representatives. The contents of the agreement were found to include all the minimum terms and conditions prescribed by the Fair Work Act, and did not contain any unfair content. The Commission was satisfied that the agreement was in the best interests of the employees and was fairly negotiated. The Commission concluded that the application for approval should be granted, and the Enterprise Agreement was duly approved.

The Commission's final order was that the Australian Lifeguard Service (NSW) Enterprise Agreement be approved, effective from the date of the Commission's decision. This decision ensures that the terms and conditions of employment for lifeguards under the agreement are legally binding and recognised by the Fair Work Commission.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established