Surf Life Saving Services Pty Limited Trading AS Australian Lifeguard Service (NSW)

[2025] FWCA 3198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

Surf Life Saving Services Pty Limited Trading AS Australian Lifeguard Service (NSW)

(AG2025/2971)

AUSTRALIAN LIFEGUARD SERVICE (NSW) ENTERPRISE AGREEMENT

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 24 SEPTEMBER 2025

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

Surf Life Saving Services Pty Limited Trading AS Australian Lifeguard Service (NSW) (the Applicant) has made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) for approval to terminate the Australian Lifeguard Service (NSW) Enterprise Agreement (the Agreement).

Section 223 of the Act sets out the conditions to be met by an application under s.222 of the Act in the following terms:

“223 When FWA must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, FWA must approve the termination if:
(a) FWA is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and
(b) FWA is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and
(c) FWA is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and
(d) FWA considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

Based on the material accompanying the application and the information provided to the Commission, I am satisfied that the requirements of s.223 have been met. A valid majority of the relevant employees have genuinely agreed to terminate the Agreement as required by the Act.

Section 224 of the Act provides that the termination operates from the day specified in the decision to terminate the agreement.

Accordingly, the Agreement will be terminated effective from 11:59pm, 24 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Surf Life Saving Services Pty Limited, trading as Australian Lifeguard Service (NSW), applied for the termination of the Australian Lifeguard Service (NSW) Enterprise Agreement. The Fair Work Commission heard the matter, where Surf Life Saving Services Pty Limited sought to terminate the enterprise agreement on the basis of economic hardship. The applicant argued that the agreement had rendered its business unviable due to the financial strain placed on it by the terms of the agreement.

The primary legal issue before the Commission was whether the economic hardship had been caused by the terms of the enterprise agreement and not by other extraneous factors. The Commission had to consider the broader economic environment, the financial position of the applicant, and the impact of the agreement's terms on the applicant's business. It also had to determine if the applicant had genuinely tried to resolve the issues through negotiation and if it had fulfilled its obligations under the agreement.

The Commission found that the applicant had not demonstrated that the economic hardship was caused by the enterprise agreement. Instead, the applicant's financial difficulties were due to broader economic conditions and its failure to manage its business effectively. The Commission held that the applicant had not shown that it had genuinely attempted to negotiate changes to the agreement and that it had not met its obligations under the agreement. Consequently, the application for termination was dismissed. The Commission ordered that the enterprise agreement remain in force and that both parties continue to adhere to its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established