Casey Cardinia Library Corporation T/A Connected Libraries

[2024] FWCA 1730

[2024] FWCA 1730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Casey Cardinia Library Corporation T/A Connected Libraries

(AG2024/956)

CONNECTED LIBRARIES ENTERPRISE AGREEMENT 2024

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 10 MAY 2024

Application for approval of the Connected Libraries Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Connected Libraries Enterprise Agreement 2024 (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 Connected Libraries. The Agreement is a single enterprise agreement.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) are union bargaining representatives to the Agreement. In their Form F18 they advised the Commission they support approval of the Agreement but advised they disagree with statements made in the Employer’s Declaration (Form F17B). Specifically, the ASU contend that a number of clauses are less beneficial than the Victorian Local Government Award 2015 (VLGA). The Employer provided a response in relation to each clause identified by the ASU and provided written undertakings. The Commission is satisfied with both the responses and the undertakings. No further objections were raised by the ASU.   

1. The ASU contended that clauses 2.1 (Consultation and Change Management), 2.1.4 (Changes to Rosters and Hours of Work) and 3.5.4 (Caring Responsibility and Availability) in respect to casual employees, are inconsistent with either the VLGA or National Employment Standards (NES). While the drafting varies from the VLGA, both clauses require consultation before a definite decision is made and are consistent with the NES. In respect to the casual loading for public holidays, even though the Applicant contends that in practice casuals are not engaged on public holidays, it provided an undertaking. In respect to the lower penalty rates in clauses 5.3.6 and 5.4.3 the rates in the Agreement are high enough to compensate.

1. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clauses 6.3.9(a) and 6.5.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.8 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.

1. The ASU 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.

1. The Agreement is approved and in accordance with s.54, will operate from 17 May 2024. The nominal expiry date of the Agreement is 23 November 2026.

COMMISSIONER

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Annexure A