High Country Library Corporation Summary

[2013] FWCA 6003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

High Country Library Corporation
(AG2013/2238)

HIGH COUNTRY LIBRARY CORPORATION ENTERPRISE AGREEMENT, 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 21 AUGUST 2013

Application for approval of the High Country Library Corporation Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the High Country Library Corporation Enterprise Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 28 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The High Country Library Corporation sought approval for the Enterprise Agreement, 2013, from the Fair Work Commission. The application was brought by the Library Corporation against its employees, who were represented by the Australian Services Union. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable in terms of the employees' rights and obligations.

The Commission had to determine if the agreement complied with the legislative criteria for enterprise agreements and whether it was procedurally fair, including whether the appropriate bargaining representatives had been involved in the negotiation process. Additionally, the fairness of the agreement in terms of the parties' rights and obligations was scrutinised, considering the public interest and the nature of the services provided by the Library Corporation.

In delivering its decision, the Commission noted that the agreement was procedurally sound, with the appropriate representatives involved in negotiations. The Commission also found that the agreement was fair and reasonable, taking into account the specific circumstances of the Library Corporation and its employees. The agreement provided for appropriate protections and entitlements for the employees, and the terms were considered to be in line with those of similar entities in the industry.

The Commission approved the High Country Library Corporation Enterprise Agreement, 2013, as it met all the necessary legal requirements and was fair and reasonable. The agreement was to be registered and would have effect from the date of the Commission's decision, binding both the Library Corporation and its employees.

High Country Library Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established