Myli - My Community Library Ltd - [2022] FWCA 418

[2022] FWCA 418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Myli - My Community Library Ltd

(AG2022/120)

Myli – My Community Library Ltd Enterprise Agreement 1 – 2021

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 FEBRUARY 2022

Application for approval of the Myli - My Community Library Ltd Enterprise Agreement 1 - 2021

An application has been made for approval of an enterprise agreement known as the Myli – My Community Library Ltd Enterprise Agreement 1 – 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Myli – My Community Library Ltd. The Agreement is a single enterprise agreement.

West Gippsland Regional Library Corporation and Myli – My Community Library Ltd each filed a form F17, Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement). West Gippsland Regional Library Corporation was restructured under the Local Government Act 2020 (Vic) and, through use of a Deed of Novation, transitioned to Myli – My Community Library Ltd, a Not-for-Profit Organisation. The Agreement covers both Myli – My Community Library Ltd and West Gippsland Regional Library Corporation, and their respective employees.

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.

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 was approved on 9 February 2022 and, in accordance with s.54, will operate from 16 February 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Myli - My Community Library Ltd and its employees. The matter was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and promoting cooperative workplace relations in Australia. The applicant, Myli - My Community Library Ltd, sought approval for an enterprise agreement that aimed to regulate the terms and conditions of employment for its employees.

The legal issues that the Commission was required to decide included whether the agreement had been made in good faith, whether it contained the appropriate bargaining procedures, and whether it provided for proper consultation between the parties. The Commission also needed to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009. Furthermore, the Commission considered whether the agreement was likely to promote improved productivity, efficiency, and profitability within the organisation while also ensuring that employees' interests were adequately protected.

In delivering its decision, the Commission found that the enterprise agreement had been made in good faith, contained the appropriate bargaining procedures, and provided for proper consultation between the parties. The agreement also met the statutory requirements for approval under the Fair Work Act 2009. The Commission considered that the agreement was likely to promote improved productivity, efficiency, and profitability within the organisation while also ensuring that employees' interests were adequately protected. Consequently, the Commission approved the Myli - My Community Library Ltd Enterprise Agreement 1 - 2021.

As a result of the Commission's decision, the enterprise agreement is now legally binding on the parties involved, and the terms and conditions of employment for the employees of Myli - My Community Library Ltd are regulated by this agreement. The approval of this enterprise agreement is expected to contribute to improved workplace relations and better outcomes for both the employer and the employees.

Myli - My Community Library Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established