Eastern Regional Libraries Corporation

Case

[2023] FWCA 2100

7 JULY 2023


[2023] FWCA 2100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Eastern Regional Libraries Corporation

(AG2023/2089)

EASTERN REGION LIBRARIES CORPORATION – ENTERPRISE AGREEMENT N0. 10 2022-2025

Local government administration

DEPUTY PRESIDENT SLEVIN

SYDNEY, 7 JULY 2023

Application for approval of the Eastern Region Libraries Corporation – Enterprise Agreement N0. 10 2022-2025

  1. An application has been made for approval of an enterprise agreement known as the Eastern Region Libraries Corporation – Enterprise Agreement N0. 10 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Eastern Regional Libraries Corporation. The Agreement is a single enterprise agreement. 

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.  

  1. The Australian Municipal, Administrative, Clerical and Services Union Victoria/Tasmanian Authorities and Services Branch 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 was approved on 7 July 2023 and, in accordance with s.54, will operate from 14 July 2023. The nominal expiry date of the Agreement at clause 2(a) is 30 June 2025. 

DEPUTY PRESIDENT

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<AE520692  PR764048>

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