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austlii:cth/FWCA/2025/1207
General information, not legal advice.
FWCA
2025-04-09
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 9 April 2025 to amend the title.
s.185 - Enterprise agreement
Surf Life Saving Queensland Incorporated Trading AS Surf Life Saving Queensland
SURF LIFE SAVING QUEENSLAND - ENTERPRISE AGREEMENT 2024
Application for approval of the Surf Life Saving Queensland - Enterprise Agreement 2024
[1] This decision deals with an application made for approval of an enterprise agreement known as the Surf Life Saving Queensland - Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Surf Life Saving Queensland Incorporated (the Applicant). The Agreement is a single enterprise agreement.
[2] Correspondence was sent to the Employer by my Chambers on 25 March 2025 raising a number of concerns including where employees who would otherwise be engaged under the Fitness Industry Award or the Miscellaneous Award, work overtime, weekend work and public holiday work. The Applicant provided a detailed explanation including detailed calculations. The Applicant submitted that on the basis of the types and patterns of work reasonably foreseeable, that the BOOT could be satisfied. I am consequently satisfied that per s. 193A(6A) of the Act no detriment would be afforded to those lesser conditions on the basis of types and patterns of work that are reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test. I note that should this change that pursuant to s.227A of the Act, application may be made for the future reconsideration of whether the agreement passes the BOOT during the life of the Agreement.
[3] The Applicant has provided written undertakings. 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.
[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
[5] Pursuant to s.190(3) of the Act, I accept the undertakings.
[6] Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[7] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 2.3.5 - Redundancy.
However, noting clause 1.3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[8] The Australian Workers Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
[9] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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