DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Library and Information Association Limited
(AG2015/5499)

AUSTRALIAN LIBRARY AND INFORMATION ASSOCIATION LTD ENTERPRISE AGREEMENT 2015-2018

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 21 SEPTEMBER 2015

Application for approval of the Australian Library and Information Association Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Library and Information Association Ltd Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Library and Information Association Limited. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Library and Information Association Limited, in its capacity as an employer, lodged an application with the Fair Work Commission for the approval of the Australian Library and Information Association Ltd Enterprise Agreement 2015-2018. The applicant, the Australian Library and Information Association Limited, sought to have the agreement approved under the Fair Work Act 2009. The legal issues that arose for determination included whether the agreement met the statutory requirements for approval, including whether it complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, and whether it was made in good faith and without coercion.

The Commission considered the terms of the agreement and the evidence presented by the parties. The Commission found that the agreement met the statutory requirements for approval, including that it was made in good faith and without coercion. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the agreement to ensure that it met the requirements for the protection of employees' personal information, and to ensure that the agreement did not discriminate against employees on the basis of their gender or marital status.

The Fair Work Commission approved the Australian Library and Information Association Ltd Enterprise Agreement 2015-2018, subject to certain modifications. The modifications were made to ensure compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission found that the agreement was made in good faith and without coercion, and that it met the statutory requirements for approval. The modifications to the agreement included changes to ensure that it met the requirements for the protection of employees' personal information, and to ensure that the agreement did not discriminate against employees on the basis of their gender or marital status. The Commission's decision was final and binding on the parties.

Australian Library and Information Association Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established