DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Gippsland Regional Library Corporation
(AG2017/4155)

WEST GIPPSLAND REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT 7, 2017

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 JANUARY 2018

Application for approval of the West Gippsland Regional Library Corporation Enterprise Agreement 7, 2017.

[1] An application has been made for approval of an enterprise agreement known as the West Gippsland Regional Library Corporation Enterprise Agreement 7, 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Gippsland Regional 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] 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 was approved on 19 January 2018 and, in accordance with s.54, will operate from 26 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the West Gippsland Regional Library Corporation, the Fair Work Commission was presented with an application for the approval of the Enterprise Agreement 7, 2017. This agreement was entered into between the library corporation and its employees, who are represented by the Australian Services Union. The primary dispute concerned various terms and conditions of employment, including remuneration, working hours, leave entitlements, and other related matters. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues that the Commission needed to address involved assessing the fairness of the proposed terms and conditions within the enterprise agreement. This included evaluating whether the agreement provided for appropriate minimum rates of pay, reasonable working hours, adequate leave entitlements, and other employment conditions that aligned with the principles of fairness and equity. Furthermore, the Commission had to ensure that the agreement did not undermine the existing protections for employees and that it complied with the provisions of the Fair Work Act.

The Fair Work Commission, after thorough deliberation and consideration of the evidence and submissions presented, found that the proposed enterprise agreement met the necessary requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the library corporation's operations and the interests of both the employer and employees. The agreement was deemed to be in accordance with the principles of procedural and substantive fairness, and therefore, the Commission approved the enterprise agreement. The decision was made in the interest of maintaining good industrial relations and ensuring a balanced and fair agreement for all parties involved.

West Gippsland Regional 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