The National Library of Australia

[2024] FWCA 1267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The National Library of Australia

(AG2024/798)

NATIONAL LIBRARY OF AUSTRALIA ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 9 APRIL 2024

Application for approval of the National Library of Australia Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the National Library of Australia Enterprise Agreement 2024-2027 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the National Library of Australia applied for approval of the Enterprise Agreement 2024-2027. The agreement was negotiated between the library and its employees represented by the Australian Services Union. The matter was heard by Commissioner O’Malley. The application for approval came before the Commission given the need to ensure the agreement complied with the Fair Work Act 2009 and met the requirements of a modern enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act. The Commission needed to assess whether the agreement provided for a fair and efficient workplace, covered the necessary minimum terms and conditions, and adhered to the relevant provisions of the Act. The Commission also had to consider whether the agreement was free from any unfair content and appropriately balanced the interests of both employers and employees.

After examining the evidence and submissions presented, the Commission found that the proposed agreement satisfied the statutory requirements for approval. The agreement provided for a modern and efficient workplace, addressed the necessary minimum terms and conditions, and did not contain any unfair provisions. The Commission concluded that the agreement was appropriately balanced and met the needs of both parties. As such, the Commission approved the National Library of Australia Enterprise Agreement 2024-2027.

The Fair Work Commission approved the National Library of Australia Enterprise Agreement 2024-2027, effective from 1 July 2024. The agreement was found to be fair, efficient, and balanced, meeting all statutory requirements under the Fair Work Act. This decision ensures that the terms and conditions of employment for the library's employees are adequately covered and that the agreement facilitates a productive workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established