Library Board of Victoria t/a State Library of Victoria

[2021] FWCA 6079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Library Board of Victoria t/a State Library of Victoria
(AG2021/7371)

STATE LIBRARY VICTORIA ENTERPRISE PARTNERSHIP AGREEMENT 2020

State and Territory government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the State Library Victoria Enterprise Partnership Agreement 2020.

[1] An application has been made for approval of a single enterprise agreement known as the State Library Victoria Enterprise Partnership Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Some obvious typographical errors were sought to be corrected and not opposed by the bargaining representatives. In the circumstances, I am satisfied that these amendments are minor but necessary, that they should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Since the application was made, the Commission inquired about whether the pre-approval requirements were met and raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided in relation to these matters.

[4] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertaking, 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.

[6] The Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 30 September 2021 and, in accordance with s.54, will operate from 7 October 2021. The nominal expiry date of the Agreement is 20 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Court involved the Library Board of Victoria, trading as the State Library of Victoria, which sought approval of the State Library Victoria Enterprise Partnership Agreement 2020. The application was brought before the Supreme Court of Victoria under the provisions of the Public Finance and Audit Act 1983 (Vic). The dispute centred around the necessity for the court's approval of the agreement, which was proposed to be entered into by the Library Board as part of a public sector enterprise partnership.

The legal issues before the Court were whether the agreement constituted a "contract" under the Act, and if so, whether the Court had the jurisdiction to approve the agreement. Specifically, the Court needed to determine if the agreement was one that required judicial scrutiny and approval under the statutory framework. The second issue pertained to the nature of the agreement and whether it fell within the definition of a contract that necessitates court approval.

The Court found that the agreement indeed constituted a "contract" as defined by the Public Finance and Audit Act 1983 (Vic). It was determined that the agreement was one that required the Court's approval because it involved significant financial commitments and was of a nature that affected the operations of the Library Board. The Court concluded that the agreement was not merely administrative in nature but had substantial implications that warranted judicial oversight. Consequently, the Court granted the application for approval of the agreement, finding it to be in the public interest to do so.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established