Goulburn Valley Regional Library Corporation T/A Goulburn Valley Libraries

Case [2018] FWCA 7655


[2018] FWCA 7655

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Goulburn Valley Regional Library Corporation T/A Goulburn Valley Libraries

(AG2018/3481)

Goulburn Valley Regional Library Corporation Enterprise Agreement 2018

Local government administration

Commissioner Bissett

MELBOURNE, 18 DECEMBER 2018

Application for approval of the Goulburn Valley Regional Library Corporation Enterprise Agreement 2018.

  1. An application has been made for approval of an enterprise agreement known as the Goulburn Valley Regional Library Corporation Enterprise Agreement 2018 (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 T/A Goulburn Valley Libraries. The Agreement is a single enterprise agreement.

  1. The Employer 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.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

  1. Subject to the Undertakings, 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2018. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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<AE501110  PR703235>

Annexure A

Details
AGLC
Goulburn Valley Regional Library Corporation T/A Goulburn Valley Libraries [2018] FWCA 7655
Case
[2018] FWCA 7655
Decision Date

CaseChat Overview and Summary

The Goulburn Valley Regional Library Corporation, trading as Goulburn Valley Libraries, applied to the Fair Work Commission for approval of the Goulburn Valley Regional Library Corporation Enterprise Agreement 2018. The application involved employees who were part of the Library and Information Services Award 2010. The primary dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness and the overall fairness of the terms and conditions it proposed.

The court had to determine if the application process adhered to procedural fairness and whether the agreement itself met the standards of procedural and substantive fairness. This involved examining the application process and the terms and conditions of the agreement to ensure they were fair and reasonable. The court also needed to verify if the agreement contained all the mandated minimum terms and conditions and whether it was made in accordance with the relevant provisions of the Act.

After thorough consideration, the Fair Work Commission approved the application, finding that the process followed procedural fairness and that the agreement's terms were fair and reasonable. The agreement was deemed to comply with all necessary requirements under the Fair Work Act 2009, including containing the mandated minimum terms and conditions. The court's approval of the agreement confirmed its validity and enforceability.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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