DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Regional Library Corporation
(AG2017/5700)

GEELONG REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT NUMBER 7 (2017)

Local government administration
COMMISSIONER LEE	MELBOURNE, 18 JULY 2018

Application for approval of the Geelong Regional Library Corporation Enterprise Agreement Number 7 (2017).

[1] An application has been made for approval of an enterprise agreement known as the Geelong Regional Library Corporation Enterprise Agreement Number 7 (2017) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geelong Regional Library Corporation. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Geelong Regional Library Corporation sought approval of its Enterprise Agreement Number 7 from 2017. The matter was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the question was whether the agreement was made in good faith and whether it contained the prescribed minimum terms and conditions of employment.

The Commission examined whether the agreement was genuinely negotiated and whether it complied with the mandated minimum terms and conditions. It also assessed the process by which the agreement was made, including the fairness of the bargaining process and whether there was sufficient consultation with employee representatives. The Commission found that the agreement was genuinely negotiated in good faith and that it contained all the required minimum terms and conditions. The evidence demonstrated that the bargaining process was fair and that there was adequate consultation with the relevant employee representatives.

As the agreement met all the statutory requirements for approval, the Commission approved it. The approval was based on the finding that the agreement was made in good faith and contained the necessary minimum terms and conditions. Additionally, the Commission was satisfied with the fairness of the bargaining process and the level of consultation. The decision ensures that the library corporation can proceed with the implementation of the agreed terms and conditions.

Geelong Regional Library Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established