Goulburn Valley Regional Library Corporation

[2022] FWCA 3630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goulburn Valley Regional Library Corporation

(AG2022/3973)

Goulburn Valley Regional Library Corporation Enterprise Agreement 2022

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 OCTOBER 2022

Application for approval of the Goulburn Valley Regional Library Corporation Enterprise Agreement 2022

An application has been made by Goulburn Valley Regional Library Corporation (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Act) for approval of a single enterprise agreement known as the Goulburn Valley Regional Library Corporation Enterprise Agreement 2022.

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

Subject to the undertaking above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application have been met.

The Australian Municipal, Administrative, Clerical and Services Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2022. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE517831 PR746938>
Annexure A

CaseChat Overview and Summary

The Goulburn Valley Regional Library Corporation applied to the Fair Work Commission for approval of the Goulburn Valley Regional Library Corporation Enterprise Agreement 2022. The application involved employees of the Corporation who were members of the Australian Services Union, National Tertiary Education Industry Union, and the Media, Entertainment and Arts Alliance. The primary dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement.

The legal issues before the Commission included whether the agreement provided for appropriate minimum entitlements, if the agreement contained provisions that were contrary to the public interest, and whether the agreement was made in good faith and the appropriate manner. The Commission had to examine whether the terms of the agreement were fair and reasonable, taking into account the relevant legislative framework, including the Fair Work Act 2009.

The Fair Work Commission determined that the agreement met the requirements for approval. The Commission found that the agreement provided for appropriate minimum entitlements, contained no provisions contrary to the public interest, and was made in good faith and in the appropriate manner. The Commission was satisfied that the agreement was fair and reasonable, and approved it under section 233 of the Fair Work Act 2009. The Goulburn Valley Regional Library Corporation Enterprise Agreement 2022 was thus approved and will govern the employment terms and conditions of the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established