DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corangamite Regional Library Corporation
(AG2019/882)

CORANGAMITE REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT NO. 7, 2018

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 AUGUST 2019

Application for approval of the Corangamite Regional Library Corporation Enterprise Agreement No. 7, 2018.

[1] An application has been made for approval of an enterprise agreement known as the Corangamite Regional Library Corporation Enterprise Agreement No. 7, 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corangamite Regional 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 signed Agreement lodged in the Commission with the application contained Part B which included elements relating to childcare workers and childcare workers are not employed by the Employer. The Applicant filed an amended copy of page 23 of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 August 2019 and, in accordance with s.54, will operate from 20 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Corangamite Regional Library Corporation sought approval of its Enterprise Agreement No. 7, 2018 from the Fair Work Commission. The dispute involved the terms and conditions of employment for library staff, including wages, working hours, and leave entitlements. The application was made to the Fair Work Commission, which has jurisdiction over industrial relations matters in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement was fair and reasonable in all its terms. The Commission had to consider whether the agreement complied with the Fair Work Act 2009 and whether it provided for a fair and efficient workplace. The Fair Work Act requires that agreements be certified if they meet certain criteria, including being free from coercion, being genuinely agreed upon, and providing for the resolution of disputes.

In reaching its decision, the Commission examined the submissions from both the employer and the employees’ representatives. It considered the nature of the work involved, the bargaining power of the parties, and the terms and conditions proposed in the agreement. The Commission also took into account any relevant awards or other agreements that might impact the fairness of the proposed terms. Ultimately, the Commission found that the agreement met the necessary criteria and was fair and reasonable in all its terms. It approved the enterprise agreement, allowing it to be registered and enforceable.

The final order of the Commission was the approval and registration of the Corangamite Regional Library Corporation Enterprise Agreement No. 7, 2018. This decision provided certainty to both the employer and the employees regarding their rights and obligations under the agreement.

Corangamite Regional 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