Eastern Regional Libraries Corporation

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Eastern Regional Libraries Corporation (ERLC) sought approval for a proposed enterprise agreement from 2022 to 2025. The matter was heard in the Fair Work Commission (FWC), which has jurisdiction to approve such agreements. The ERLC and the Library Technicians Association of Australia (LTAA) had negotiated the agreement, which was to govern the terms and conditions of employment for library technicians employed by the ERLC. The LTAA opposed the approval of the agreement, arguing that it failed to meet the FWC's requirements for enterprise agreements.

The central legal issue before the FWC was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the LTAA contended that the agreement did not sufficiently address the need for fair and reasonable terms and conditions of employment, as mandated by section 235 of the Act. The ERLC, on the other hand, argued that the agreement was in compliance and that the FWC should approve it. The court was required to determine whether the proposed agreement met the necessary legal standards for approval.

The FWC found that the proposed agreement was largely in compliance with the requirements of the Fair Work Act. The commission noted that the agreement contained provisions addressing key terms and conditions of employment, including wages, hours of work, and other employment-related matters. While the LTAA had raised concerns about specific provisions, the FWC determined that these did not undermine the overall fairness and reasonableness of the agreement. Consequently, the FWC approved the proposed enterprise agreement, finding that it met the necessary legal standards for approval.

In approving the agreement, the FWC issued an order confirming its approval and mandated that the agreement be registered with the Fair Work Commission. The order also provided that the agreement would commence on the date of the decision and would remain in effect until the end of the specified period, 2022 to 2025. The LTAA was given the right to lodge an application for review of the FWC's decision within 21 days of the decision being made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established