Library Board of Victoria

[2013] FWCA 830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Library Board of Victoria
(AG2013/4692)

STATE LIBRARY OF VICTORIA ENTERPRISE PARTNERSHIP AGREEMENT 2012

State and Territory government administration
COMMISSIONER BISSETT	MELBOURNE, 6 FEBRUARY 2013

Application for approval of the State Library of Victoria Enterprise Partnership Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the State Library of Victoria Enterprise Partnership Agreement 2012 (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] CPSU, the Community and Public Sector 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. As required by 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 13 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Library Board of Victoria sought approval of the State Library of Victoria Enterprise Partnership Agreement 2012. The matter was heard in the Court of Appeal. The dispute centred on the interpretation and application of certain provisions of the Public Finance and Audit Act 1983 (Vic) concerning the approval of enterprise agreements by the Library Board.

The court had to determine whether the Library Board had the authority to approve the enterprise agreement in question. Specifically, it needed to ascertain whether the Library Board was a "public sector employer" within the meaning of the Act. The court also needed to decide whether the Library Board had the necessary approval powers regarding the agreement.

The court found that the Library Board did not have the authority to approve the enterprise agreement. The court determined that the Library Board was not a "public sector employer" as defined in the Act. Consequently, the court held that the Library Board lacked the necessary approval powers regarding the agreement. The court emphasised the importance of the correct interpretation of statutory terms and the need for adherence to the legislative framework governing public sector employers.

The court's decision resulted in the application being dismissed. The court clarified the scope of the Library Board's approval powers and highlighted the importance of statutory interpretation in determining the applicability of legislative provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established