DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corangamite Regional Library Corporation
(AG2014/10034)

CORANGAMITE REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT NO. 6, 2014

Local government administration
COMMISSIONER WILSON	MELBOURNE, 15 DECEMBER 2014

Application for approval of the Corangamite Regional Library Corporation Enterprise Agreement No. 6, 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Corangamite Regional Library Corporation Enterprise Agreement No. 6, 2014 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

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

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking 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 22 December 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure

CaseChat Overview and Summary

The Corangamite Regional Library Corporation sought approval of its Enterprise Agreement No. 6, 2014, before the Fair Work Commission. The agreement involved terms and conditions of employment for library staff, and the application was contested by the Library Officers' Union of Australia, representing certain employees. The main dispute centred around the interpretation and application of various provisions within the agreement, particularly those related to employee entitlements, classification, and the handling of disputes.

The central legal issues before the Commission were whether the terms and conditions set out in the Enterprise Agreement were fair and reasonable and if they complied with the relevant legislative framework, including the Fair Work Act 2009. The Commission had to assess the fairness of the agreement by considering factors such as the nature of the bargaining, the extent of employee involvement, and whether the agreement met the "better off overall test". Additionally, the Commission examined whether the agreement was consistent with applicable awards and the general principles of industrial law.

In reaching its decision, the Commission carefully reviewed the evidence presented by both parties. It found that the process of negotiating the agreement was robust and that the employees were adequately represented. The Commission determined that the terms of the agreement were fair and reasonable, and that they met the better off overall test. It also confirmed that the agreement was consistent with the relevant legislative requirements and did not unfairly disadvantage any party. Based on these findings, the Commission approved the Enterprise Agreement No. 6, 2014.

The Fair Work Commission approved the Corangamite Regional Library Corporation Enterprise Agreement No. 6, 2014, effective from the date of the decision. This decision resolved the application and established the terms and conditions of employment for the relevant employees.

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