Eastern Regional Libraries Corporation Summary

[2014] FWCA 1844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Regional Libraries Corporation
(AG2014/402)

EASTERN REGIONAL LIBRARIES CORPORATION ENTERPRISE AGREEMENT NO. 8 - 2013 - 2017

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 18 MARCH 2014

Application for approval of the Eastern Regional Libraries Corporation Enterprise Agreement No. 8 - 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Regional Libraries Corporation Enterprise Agreement No. 8 - 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[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. In accordance with s.54(1) it will operate from 25 March 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Eastern Regional Libraries Corporation, sought approval of Enterprise Agreement No. 8 for the period 2013 to 2017. The dispute arose from the need to resolve the terms and conditions of employment for library staff under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the statutory requirements of the Fair Work Act and whether it appropriately balanced the interests of both the employer and the employees. Specifically, the Commission had to determine if the agreement was fair and reasonable, considering the financial capacity of the employer and the needs of the employees.

In deliberating on the matter, the Commission examined the contents of the agreement, including provisions related to wages, working conditions, and dispute resolution mechanisms. The Commission considered whether the agreement provided for adequate protections and benefits for the employees while also taking into account the financial sustainability of the employer. The Commission also evaluated whether the agreement had been negotiated in good faith and whether it met the standard of being "better off overall" for the employees. After thorough consideration, the Commission found that the agreement was fair and reasonable, as it provided a balanced approach that addressed the needs of both parties without imposing undue financial strain on the employer.

The Commission approved the enterprise agreement, recognising that it met the statutory requirements and provided a fair outcome for the employees. The Commission's decision was grounded in the belief that the agreement would foster a stable and productive working environment while ensuring that the employees' rights and interests were adequately protected. The Commission's ruling was a significant step in formalising the terms of employment for library staff within the Eastern Regional Libraries Corporation, providing clarity and certainty for the parties involved.

Eastern Regional Libraries Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established