DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Library of Australia
(AG2017/663)

NATIONAL LIBRARY OF AUSTRALIA ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the National Library of Australia Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the National Library of Australia Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Library of Australia. 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 is approved and, in accordance with s.54 of the Act, will operate from 23 March 2017. The nominal expiry date of the Agreement is 23 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the National Library of Australia (NLA), sought approval for the National Library of Australia Enterprise Agreement 2017-2020. The dispute arose from negotiations between the NLA and its employees, represented by the Australian Services Union, concerning the terms and conditions of employment for the period 2017-2020. The crux of the matter was the application's compliance with the applicable legal framework, including the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Commission included whether the proposed agreement met the criteria for approval under the Fair Work Act, such as the absence of provisions that would have an adverse effect on employees' general conditions of employment and whether the agreement provided for a proper process for resolving workplace disputes. Additionally, the Commission had to consider whether the agreement adhered to the principles of enterprise bargaining and the statutory obligations of the parties involved.

Upon examining the application, the Commission found that the proposed agreement was fair and reasonable, and it did not contain any provisions that would have an adverse effect on employees' general conditions of employment. The Commission also determined that the agreement provided for an appropriate process for resolving workplace disputes and that it complied with the principles of enterprise bargaining. Consequently, the Commission approved the National Library of Australia Enterprise Agreement 2017-2020, finding it to be in accordance with the relevant legislation.

The Commission's approval of the agreement marked the resolution of the dispute between the NLA and its employees, ensuring that the terms and conditions of employment were legally sound and fair. The decision provided certainty for both the NLA and its employees regarding the agreed-upon terms for the specified period.

National Library of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established