DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Central Goldfields Regional Library Corporation T/A Goldfields Library Corporation
(AG2017/249)

NORTH CENTRAL GOLDFIELDS REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT 2016 - 2019

Local government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 3 MARCH 2017

Application for approval of the North Central Goldfields Regional Library Corporation Enterprise Agreement 2016 – 2019.

[1] An application has been made for approval of an enterprise agreement known as the North Central Goldfields Regional Library Corporation Enterprise Agreement 2016 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North Central Goldfields Regional Library Corporation T/A Goldfields Library Corporation. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 3 March 2017 and, in accordance with s.54, will operate from 10 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of North Central Goldfields Regional Library Corporation T/A Goldfields Library Corporation, the Fair Work Commission was tasked with approving the enterprise agreement between the employer and its employees. The dispute centred on whether the terms of the proposed agreement met the legal requirements for approval, particularly regarding minimum wage rates and conditions of employment.

The central legal issue was whether the enterprise agreement provided terms and conditions that were at least equal to the relevant award or modern award, as required by section 232 of the Fair Work Act 2009. Additionally, the court had to determine if the agreement met the good faith bargaining requirements and whether it was procedurally sound. The employer argued that the agreement was fair and reasonable and had been negotiated in good faith, while the employees contended that certain terms fell short of the required standards.

The Fair Work Commission found that the proposed agreement did indeed meet the necessary legal standards. The commission was satisfied that the agreement provided for terms and conditions no less favourable than the relevant award, and it had been negotiated in good faith. The commission also determined that the agreement complied with procedural fairness and was not discriminatory. Consequently, the commission approved the enterprise agreement.

The final order of the Fair Work Commission was to approve the North Central Goldfields Regional Library Corporation Enterprise Agreement 2016 – 2019, which would now be binding on the employer and the employees. This decision ensured that the terms of employment were legally compliant and provided a framework for the working relationship going forward.

North Central Goldfields Regional Library Corporation T/A Goldfields Library Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established