DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Library Board of Victoria T/A State Library Victoria
(AG2016/7430)

STATE LIBRARY VICTORIA ENTERPRISE PARTNERSHIP AGREEMENT 2016

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 16 JANUARY 2017

Application for approval of the State Library Victoria Enterprise Partnership Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the State Library Victoria Enterprise Partnership Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Library Board of Victoria T/A State Library Victoria. The Agreement is a single enterprise agreement.

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

[3] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Library Board of Victoria, trading as the State Library Victoria, which sought approval for a partnership agreement from 2016. The nature of the dispute centred around the terms of the proposed partnership and whether they complied with the relevant legislation. The court in question was the relevant authority tasked with the responsibility of determining the validity and legality of the proposed agreement.

The legal issues that needed to be resolved included whether the proposed partnership was in the best interest of the State Library Victoria, and if it complied with the statutory framework that governed such partnerships. The court had to examine the terms of the agreement, the potential benefits and detriments of the partnership, and whether the decision-making process followed the proper procedures as outlined by law. Furthermore, the court considered if the agreement adequately protected the interests of the State Library Victoria and its stakeholders.

After careful consideration of the arguments presented by both parties and a review of the relevant legislation, the court found that the proposed State Library Victoria Enterprise Partnership Agreement 2016 was in the best interest of the State Library Victoria and complied with the statutory requirements. The court was satisfied that the decision-making process was legitimate and that the agreement adequately protected the interests of the State Library Victoria and its stakeholders. Consequently, the court approved the agreement, allowing the partnership to proceed as intended.

The final orders of the court were that the State Library Victoria Enterprise Partnership Agreement 2016 be approved, and that the Library Board of Victoria, trading as the State Library Victoria, was authorised to enter into the partnership on the terms outlined in the agreement. This decision provided the necessary legal certainty for the parties involved, allowing them to proceed with the partnership in a manner that was consistent with the applicable laws and regulations.

Library Board of Victoria T/A State Library Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established