Geelong Regional Library Corporation

[2014] FWCA 1689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Geelong Regional Library Corporation
(AG2014/3814)

GEELONG REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT NUMBER 6 (2013)

Local government administration
COMMISSIONER WILSON	MELBOURNE, 13 MARCH 2014

Application for approval of the Geelong Regional Library Corporation Enterprise Agreement Number 6 (2013).

[1] An application has been made for approval of an enterprise agreement known as the Geelong Regional Library Corporation Enterprise Agreement Number 6 (2013) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Geelong Regional Library Corporation (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[3] The Australian Services Union Victorian and Tasmania Authoritie & Services Branch (ASU), 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 ASU.

[4]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Geelong Regional Library Corporation sought approval of the Enterprise Agreement Number 6 (2013) in the Fair Work Commission. The application was brought under the Fair Work Act 2009, specifically section 234, to seek the Commission’s endorsement of the terms of the agreement. The agreement in question was an enterprise agreement between the Corporation and its employees, which was intended to replace the previous agreement that had expired. The nature of the dispute involved the procedural fairness and the substantive terms of the agreement, particularly whether it provided for appropriate protections for employees and adhered to the statutory requirements for fair work agreements.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it contained the mandated 'safety net' terms. The Commission had to assess whether the agreement was procedurally fair, meaning that it was genuinely negotiated between the parties and that there was compliance with the requirements for direct communication and genuine bargaining. Additionally, the Commission had to determine if the substantive terms of the agreement complied with the Fair Work Act, ensuring they met the minimum 'safety net' conditions and other statutory obligations.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained the necessary 'safety net' terms. The Commission emphasised the importance of procedural fairness and noted that there was evidence of direct communication and genuine bargaining between the parties. The substantive terms of the agreement were also found to meet the minimum requirements set out in the Fair Work Act, including the mandated safety net provisions. Therefore, the Commission approved the Enterprise Agreement Number 6 (2013), finding it to be a lawful and fair agreement for the employees of the Geelong Regional Library Corporation.

The final order of the Commission was to approve the Enterprise Agreement Number 6 (2013) as a certified agreement under the Fair Work Act. This approval meant that the terms of the agreement would be binding on the employees and the Corporation, and it would serve as the governing agreement for employment conditions until it was replaced or terminated in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established