DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Casey Cardinia Library Corporation T/A Casey Cardinia Libraries
(AG2016/7506)

CASEY-CARDINIA LIBRARY CORPORATION ENTERPRISE AGREEMENT NUMBER 8, 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 18 JANUARY 2017

Application for approval of the Casey-Cardinia Library Corporation Enterprise Agreement Number 8, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Casey-Cardinia Library Corporation Enterprise Agreement Number 8, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Casey Cardinia Library Corporation T/A Casey Cardinia Libraries. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 January 2017 and, in accordance with s.54, will operate from 25 January 2017. The nominal expiry date of the Agreement is 22 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the Casey Cardinia Library Corporation, applied for the approval of the Casey-Cardinia Library Corporation Enterprise Agreement Number 8, 2016. The application was made under section 232 of the Fair Work Act 2009. The applicant sought to have the agreement, which was negotiated by the Australian Library and Information Association (the union), approved as a single, certified agreement. The union argued that the agreement should be approved as a multi-enterprise agreement, applicable to employees across multiple employers. The dispute centred on the appropriate form of the agreement and the extent to which it could be applied across multiple employers within the library sector.

The central issue before the commission was whether the agreement should be approved as a single, certified agreement or as a multi-enterprise agreement. The applicant argued that the agreement should be approved as a single agreement, applicable solely to the employees of the Casey Cardinia Library Corporation. The union, on the other hand, contended that the agreement should be approved as a multi-enterprise agreement, as it was negotiated on behalf of employees across multiple employers within the library sector. The commission needed to determine whether the agreement was appropriately negotiated and whether its approval would promote the objects of the Fair Work Act.

The commission considered the nature of the negotiations and the scope of the agreement. It found that the negotiations were conducted in good faith and that the agreement covered all employees of the Casey Cardinia Library Corporation. The commission also noted that the union had acted as the exclusive bargaining agent for the employees. While recognising the union's argument regarding the broader applicability of the agreement, the commission concluded that the agreement was appropriately negotiated and tailored to the specific needs of the Casey Cardinia Library Corporation employees. Therefore, the commission approved the agreement as a single, certified agreement, applicable solely to the employees of the applicant.

The commission's final order was that the Casey-Cardinia Library Corporation Enterprise Agreement Number 8, 2016, be approved as a single, certified agreement. The agreement was to be registered and published in accordance with the Fair Work Act. This decision clarified the scope and form of the agreement, ensuring that it met the requirements of the legislation and was appropriately tailored to the needs of the employees of the Casey Cardinia Library Corporation.

Casey Cardinia Library Corporation T/A Casey Cardinia Libraries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established