DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Library & Information Association
(AG2018/3428)

AUSTRALIAN LIBRARY AND INFORMATION ASSOCIATION LTD ENTERPRISE AGREEMENT 2018-2021

Australian Capital Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2018

Application for approval of the Australian Library and Information Association Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Library and Information Association Ltd Enterprise Agreement 2018-2021 (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 & Information Association. 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Library and Information Association brought an application for the approval of the Enterprise Agreement 2018-2021. The application was heard in the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The Association argued that the agreement, which was negotiated between the Association and the employers' association, was appropriate for the employees covered by the agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained the mandatory terms prescribed by the Act and Regulations. The Commission also had to consider whether the agreement provided for the proper classification of employees, adequate pay and conditions, and the avoidance of unfair dismissal.

The Commission found that the agreement was made in good faith and contained all the mandatory terms required by the Act and Regulations. The Commission also found that the agreement provided for the proper classification of employees and adequate pay and conditions. The Commission noted that the agreement included provisions for the resolution of disputes and the protection of employees' rights. The Commission was satisfied that the agreement was fair and reasonable, and therefore approved the agreement.

The Fair Work Commission approved the Australian Library and Information Association Ltd Enterprise Agreement 2018-2021. The approval is effective from the date of the Commission's decision and will remain in force until the end of the agreement's term. The agreement provides for the classification, pay, and conditions of employees in the library and information sector, and sets out the procedures for the resolution of disputes and the protection of employees' rights.

Australian Library & Information Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established