DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Casey Cardinia Library Corporation
(AG2020/866)

CASEY-CARDINIA LIBRARY CORPORATION ENTERPRISE AGREEMENT NUMBER 9, 2019

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 17 APRIL 2020

Application for approval of the Casey-Cardinia Library Corporation Enterprise Agreement Number 9, 2019.

[1] An application has been made for approval of an enterprise agreement known as the Casey-Cardinia Library Corporation Enterprise Agreement Number 9, 2019 (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. 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. The undertakings are taken to be a term of 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 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.

[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 is approved and in accordance with s.54, will operate from 24 April 2020. The nominal expiry date of the Agreement is 24 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Casey Cardinia Library Corporation brought an application to the Fair Work Commission for approval of its Enterprise Agreement Number 9, 2019. The agreement was negotiated between the library corporation and its employees represented by the Australian Services Union. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement contained all the mandatory terms, was free from prohibited content, and had been negotiated in good faith.

The primary legal issues were whether the agreement satisfied all mandatory terms required by the Fair Work Act, did not contain any prohibited content, and was genuinely negotiated in good faith. The Fair Work Act mandates specific terms such as minimum wages, penalty rates, leave entitlements, and maximum weekly hours. It also prohibits certain content, such as terms that undermine the ability of employees to take protected industrial action. Furthermore, the agreement must be demonstrated to have been negotiated in good faith, meaning without coercion, duress, or other improper conduct.

The Fair Work Commission found that the agreement met all statutory requirements. It contained all the mandatory terms and did not include any prohibited content. The evidence presented indicated that the negotiation process was conducted in good faith, with both parties engaging in meaningful discussions and reaching a consensus on the terms. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the operations of the library corporation. Consequently, the application for approval was granted.

The Fair Work Commission approved Enterprise Agreement Number 9, 2019, effective from the date of the decision. This approval ensures that the agreement legally binds both the Casey Cardinia Library Corporation and its employees, providing certainty and stability in their employment relationship. The terms of the agreement will govern the conditions of employment until a new agreement is negotiated or until the current agreement is otherwise terminated or varied.

Casey Cardinia Library Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established