North Central Goldfields Regional Library Corporation Summary

[2014] FWCA 210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Central Goldfields Regional Library Corporation
(AG2013/12861)

NORTH CENTRAL GOLDFIELDS REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT 2013-2016

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 8 JANUARY 2014

Application for approval of the North Central Goldfields Regional Library Corporation Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the North Central Goldfields Regional Library Corporation Enterprise Agreement 2013-2016 (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] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54 of the Act it will operate from 15 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The North Central Goldfields Regional Library Corporation applied for the approval of the Fair Work Commission of their Enterprise Agreement for the period 2013-2016. The application was made by the Corporation in accordance with section 176 of the Fair Work Act 2009. The agreement was made between the North Central Goldfields Regional Library Corporation and the librarians and library technicians who are its employees. The Corporation was established by the North Central Goldfields Regional Library Corporation Act 2012 and operates several libraries across central Queensland.

The primary legal issue before the Commission was whether the Enterprise Agreement was in the best interests of the employees. The Commission was required to consider whether the agreement was fair and reasonable, and whether it complied with the requirements of the Fair Work Act. The Commission also needed to consider the views of the employees and whether the agreement provided for their fair remuneration and conditions of employment.

The Commission found that the Enterprise Agreement was in the best interests of the employees. The agreement provided for fair remuneration and conditions of employment, and it complied with the requirements of the Fair Work Act. The Commission also noted that the agreement had been negotiated in good faith and that the employees had been given an opportunity to express their views on the agreement. The Commission approved the Enterprise Agreement, subject to certain conditions and modifications.

The Fair Work Commission approved the North Central Goldfields Regional Library Corporation Enterprise Agreement 2013-2016, subject to certain conditions and modifications. The approval ensures that the librarians and library technicians employed by the Corporation are provided with fair remuneration and conditions of employment, and that the agreement complies with the requirements of the Fair Work Act. The approval also provides certainty and stability to the operations of the Corporation, which is important for the provision of library services to the communities it serves.

North Central Goldfields Regional Library Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established