North Central Goldfields Regional Library Corporation Summary

[2021] FWCA 7139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Central Goldfields Regional Library Corporation
(AG2021/8649)

NORTH CENTRAL GOLDFIELDS REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT
2019-2022

Miscellaneous
COMMISSIONER O'NEILL	MELBOURNE, 16 DECEMBER 2021

Application for approval of the North Central Goldfields Regional Library Corporation Enterprise Agreement 2019-2022

[1] North Central Goldfields Regional Library Corporation has applied for approval of an enterprise agreement known as the North Central Goldfields Regional Library Corporation Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the North Central Goldfields Regional Library Corporation, the Fair Work Commission was asked to approve the Enterprise Agreement 2019-2022. The agreement was presented by the union representing the employees and the corporation. The dispute centred around the terms and conditions of employment, remuneration, and other workplace matters stipulated in the agreement. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with assessing the fairness and compliance of the proposed agreement.

The primary legal issues before the Commission involved determining whether the agreement met the 'better off overall test', ensuring it was free from prohibited content, and confirming that it complied with all relevant legislative requirements. The Commission also had to assess if the agreement was negotiated in good faith and if it addressed the needs and interests of both the employees and the corporation adequately. Furthermore, the Commission needed to ensure that the agreement did not unfairly disadvantage any party and provided a fair and reasonable framework for employment within the specified period.

The Commission examined the submissions from both parties, the content of the agreement, and relevant legislative provisions. It concluded that the agreement was fair and reasonable, meeting the 'better off overall test' as it provided for fair remuneration and improved conditions of work for the employees. The Commission also found that the agreement contained no prohibited content and was negotiated in good faith. It satisfied all legal requirements and provided a balanced framework for the employment relationship. Consequently, the Fair Work Commission approved the Enterprise Agreement 2019-2022.

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