DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Valley Regional Library Corporation
(AG2014/8275)

GOULBURN VALLEY REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 16 DECEMBER 2014

Application for approval of the Goulburn Valley Regional Library Corporation Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Valley Regional Library Corporation Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Valley Regional Library Corporation. 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 as are relevant to this application for approval have been met.

[5] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. 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.

[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(1) of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Goulburn Valley Regional Library Corporation, applied for the Fair Work Commission's approval of the 2014 Enterprise Agreement. The application was made in accordance with section 232 of the Fair Work Act 2009. The legal issues the court had to decide were whether the agreement met the requirements of the Fair Work Act and whether it was in the best interest of the employees.

The court found that the agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act. It was noted that the agreement provided for a fair and equitable outcome for all employees, with provisions for minimum wages, leave entitlements, and other benefits. The court also considered the views of the employees, as expressed through the consultation process, and found that the agreement had been negotiated in good faith. The court concluded that the agreement was in the best interest of the employees and approved it.

The court ordered that the 2014 Enterprise Agreement be approved and registered under the Fair Work Act. The agreement was to come into effect from the date of the approval and would apply to all employees covered by the agreement. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties involved. The decision was final and binding, and could not be appealed.

Goulburn Valley 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