DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehorse Manningham Regional Library Corporation
(AG2018/556)

WHITEHORSE MANNINGHAM REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEEMENT 2017

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JUNE 2018

Application for approval of the Whitehorse Manningham Regional Library Corporation Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Whitehorse Manningham Regional Library Corporation Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whitehorse Manningham 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 is approved and, in accordance with s.54 of the Act, will operate from 2 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Whitehorse Manningham Regional Library Corporation sought approval for the Whitehorse Manningham Regional Library Corporation Enterprise Agreement 2017. The application arose from negotiations between the Library Corporation and its employees represented by the Australian Services Union. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009 for it to be approved by the Commission.

The central legal issues before the Commission were whether the agreement provided for the mandatory minimum entitlements as stipulated by the Act, and whether it had been fairly and genuinely negotiated. The Commission examined the terms of the agreement, the process of negotiation, and the evidence provided by both parties. The Library Corporation argued that the agreement was the result of genuine bargaining and met all statutory requirements, while the Union raised concerns about certain provisions impacting employee entitlements.

The Commission concluded that the agreement did not adequately provide for all the mandatory minimum entitlements, particularly in relation to shift loadings and overtime. The Union's concerns were also validated, as certain provisions were found to be unfair. Consequently, the application for approval was dismissed. The Commission's decision emphasised the importance of ensuring that all employees receive their entitled benefits and that agreements are negotiated fairly.

No specific orders were made, but the Commission recommended that the parties revisit the negotiation process to address the deficiencies identified. The agreement would need to be amended to meet the legal requirements and fairly represent the interests of all employees before it could be reconsidered for approval.

Whitehorse Manningham 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