| [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.
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.
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.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings.
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.
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.
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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Annexure A
- 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 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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