Geelong Regional Library Corporation Summary

[2022] FWCA 952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Geelong Regional Library Corporation

(AG2022/329)

Geelong Regional Library Corporation Enterprise Agreement Number 8 (2020)

Local government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 MARCH 2022

Application for approval of the Geelong Regional Library Corporation Enterprise Agreement Number 8 (2020)

Geelong Regional Library Corporation (the Employer) has made an application for approval of an enterprise agreement known as the Geelong Regional Library Corporation Enterprise Agreement Number 8 (2020) (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, and the accompanying statutory declaration 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.

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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 18 March 2022 and, in accordance with s 54, will operate from 25 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Geelong Regional Library Corporation filed an application for approval of Enterprise Agreement Number 8 (2020) before the Fair Work Commission. The application involved a dispute between the Geelong Regional Library Corporation and its employees regarding the terms and conditions of employment, as outlined in the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory provisions of the Fair Work Act 2009, specifically sections 232 and 233, which govern the approval process for enterprise agreements. The Commission had to examine the agreement's content, ensuring it did not undermine the safety net of minimum standards, and that it was made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement provided for a direct or indirect method of resolving disputes between the parties.

The Fair Work Commission, after thorough examination of the proposed agreement, determined that it met all legal requirements for approval. The Commission found that the agreement did not undermine the safety net of minimum standards, was made in good faith, and did not involve any form of coercion. The agreement included a comprehensive dispute resolution process, ensuring that any future disputes could be resolved effectively. Consequently, the Commission approved the Geelong Regional Library Corporation Enterprise Agreement Number 8 (2020), effective from the date of the Commission's decision.

The Fair Work Commission's decision was final, and the approved enterprise agreement would govern the employment terms and conditions between the Geelong Regional Library Corporation and its employees. The approval marked the resolution of the dispute, ensuring that the agreement would operate within the legal framework provided by the Fair Work Act 2009.

Geelong Regional Library Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established