DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Gippsland Regional Library Corporation
(AG2015/1737)

WEST GIPPSLAND REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT 6, 2014

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the West Gippsland Regional Library Corporation Enterprise Agreement 6, 2014.

[1] An application has been made for approval of an enterprise agreement known as the West Gippsland Regional Library Corporation Enterprise Agreement 6, 2014 (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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 12 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The West Gippsland Regional Library Corporation lodged an application for the approval of the Enterprise Agreement 6, 2014, with the Fair Work Commission. The dispute arose from the negotiation of a new enterprise agreement between the library corporation and its employees, represented by the State Library Staff Union of Victoria. The matter was heard by the Commission, presided over by Deputy President M D W Fogarty.

The central legal issue before the Commission was whether the proposed enterprise agreement contained terms and conditions that complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for a "low paid" agreement, which allows for lower minimum pay rates and less generous conditions than a "certified" agreement. The Commission also had to consider if the agreement was procedurally sound and whether the employees had been fairly represented during the negotiation process.

In delivering the decision, Deputy President Fogarty examined the terms of the proposed agreement and the evidence presented regarding the negotiation process. The Commission found that the agreement was procedurally sound and that the employees had been fairly represented. Furthermore, the Commission concluded that the proposed agreement met the criteria for a low paid agreement, as it provided for adequate minimum pay rates and conditions. The Deputy President approved the agreement, finding it to be in the best interests of the employees and the library corporation.

As a result of the decision, the West Gippsland Regional Library Corporation Enterprise Agreement 6, 2014, was approved and came into effect on the date specified in the agreement. The approved agreement now governs the terms and conditions of employment for the employees covered by the agreement.

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