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austlii:cth/FWCA/2025/2031
General information, not legal advice.
FWCA
2025-06-24
Original judgment source is linked above.
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
Surf Life Saving Queensland Incorporated Trading As Surf Life Saving Queensland
SURF LIFE SAVING QUEENSLAND - ENTERPRISE AGREEMENT 2024
Application for variation of the Surf Life Saving Queensland - Enterprise Agreement 2024
[1] Surf Life Saving Queensland Incorporated Trading As Surf Life Saving Queensland ("the Employer") has applied for variation of the Surf Life Saving Queensland - Enterprise Agreement 2024 [AE528625] ("the Agreement") to correct an error. The Application was made under section 218A of the Fair Work Act 2009 ("the Fair Work Act").
[2] Specifically, the Employer seeks that clause 3.3.1 (Definition of Junior Employee) of the Agreement be varied from 16 April 2025 (the date that the Agreement was operative) to read as follows:
An Employee classified under this Agreement who is less than 18 years of age."
[3] In support of the Application, the Employer filed a statutory declaration of Mr Gregory Cahill, General Manager Lifeguards & Government Programs.
[4] Mr Cahill stated, among other things, that during the negotiation the parties agreed that employees employed in drone operations and community awareness (who were covered prior to the operation of the Agreement by the Miscellaneous Award 2020 [MA000104] and Fitness Industry Award 2020 [MA000094] respectively, which had junior rates up and until twenty-one (21) years of age and twenty (20) years of age respectively) should be paid adult rates of pay when the employee is eighteen (18) year old.
[5] The Employer has filed a replacement page with the correction it seeks.
[6] The Australian Workers Union, which is covered by the Agreement, does not oppose the application.
[7] I am satisfied that the corrections to clause 3.3.1 should be made and that it is appropriate to do so pursuant to section 218A of the Fair Work Act. The corrections to clause 3.3.1 are made in accordance with the corrected copy of the relevant page of the Agreement filed by the Employer on 11 June 2025.
[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
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