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

[2024] FWCA 1378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/1037)

NORTH CENTRAL GOLDFIELDS REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT 2022-2025

Local government administration
COMMISSIONER CONNOLLY	MELBOURNE, 17 APRIL 2024

Application for approval of the North Central Goldfields Regional Library Corporation Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the North Central Goldfields Regional Library Corporation Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by North Central Goldfields Regional Library Corporation. The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 11 April 2024.

The notification time for the Agreement under s.173(2) was 3 June 2022 and the Agreement was made on 15 March 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A of the Act 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 is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

The North Central Goldfields Regional Library Corporation, trading as the North Central Goldfields Regional Library Corporation, applied to the Fair Work Commission for approval of the North Central Goldfields Regional Library Corporation Enterprise Agreement 2022-2025. The dispute arose from the negotiations between the employer and the employees represented by the Australian Services Union, National Tertiary Education Union, and the Community and Public Sector Union. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval.

The legal issues before the Commission were primarily focused on whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to minimum entitlements, the scope of the agreement, and procedural fairness. The Commission needed to consider if the agreement provided for the minimum entitlements as stipulated by the Act and if it was made in good faith and without coercion. Additionally, the scope of the agreement needed to be assessed to ensure it was not overly broad or narrowly tailored to exclude relevant employees.

The Fair Work Commission found that the agreement did indeed comply with the statutory requirements. The Commission determined that the proposed agreement met all the necessary criteria, including providing for minimum entitlements and being made in good faith. The scope of the agreement was also deemed appropriate, covering the relevant employees without any significant exclusions. Consequently, the Commission approved the agreement, acknowledging its compliance with the statutory framework and the procedural fairness observed during the negotiation process.

The final orders of the Fair Work Commission included the approval of the North Central Goldfields Regional Library Corporation Enterprise Agreement 2022-2025, effective from the date of the decision. This decision affirmed the agreement as legally binding for the specified period and recognised the rights and obligations of both the employer and the employees as outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established