Eastern Regional Libraries Corporation

[2018] FWCA 7138

[2018] FWCA 7138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Regional Libraries Corporation
(AG2018/2668)

EASTERN REGIONAL LIBRARIES CORPORATION ENTERPRISE AGREEMENT NO. 9 2017 - 2020

Local government administration
COMMISSIONER LEE	SYDNEY, 26 NOVEMBER 2018

Application for approval of the Eastern Regional Libraries Corporation Enterprise Agreement No. 9 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Regional Libraries Corporation Enterprise Agreement No. 9 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Regional Libraries 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, 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] I note the following provisions are inconsistent with the National Employment Standards;

•  Clause 19.2 of Part 2 with provides that if an employee is considered to have abandoned their employment, he/she will be deemed to have abandoned their employment without notice.

•  Clause 36.1.1 of Part 2 which defines a child for the purposes of parental leave as under school age but does not define school age.

•  Clause 36.9 of Part 2 which provides that where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

Given the National Employment Standards precedence clause at Clause 1.3(a) of Part 1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A