Wimmera Regional Library Corporation

[2013] FWCA 7798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wimmera Regional Library Corporation
(AG2013/9627)

WIMMERA REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT NO. 7, 2013

Local government administration
COMMISSIONER WILSON	MELBOURNE, 7 OCTOBER 2013

Application for approval of the Wimmera Regional Library Corporation Agreement No. 7, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wimmera Regional Library Corporation Agreement No. 7, 2013 (the “Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the “Act”). It has been made by the Wimmera Regional Library Corporation. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union (the “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 Union.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the Wimmera Regional Library Corporation applied for approval of the Wimmera Regional Library Corporation Agreement No. 7, 2013. The agreement sought to amend the terms of the library corporation's Constitution, which was established under the Library Act 1939. The application was brought under section 13 of the Act, which allows for the approval of constitutional amendments by the court. The Library Corporation argued that the changes were necessary to improve the governance and management of the library services it provides.

The legal issues before the court included whether the proposed amendments to the Constitution were consistent with the Library Act, and whether the procedure for seeking approval was correctly followed. The court had to determine if the amendments complied with the legislative requirements and if the Corporation had the requisite authority to propose such changes. Additionally, the court considered whether the amendments were in the best interest of the library services and the community it serves.

The court examined the proposed changes and found that they were in accordance with the statutory framework set out in the Library Act. It was satisfied that the procedure for seeking approval was properly followed, and that the amendments would enhance the governance and management of the library services. The court also noted that the changes would benefit the library's operations and the community it serves. Accordingly, the court approved the amendments, finding that they met the legal requirements and were in the best interest of the library and its patrons.

The final order of the court was the approval of the Wimmera Regional Library Corporation Agreement No. 7, 2013, as amended. This decision allows the library corporation to implement the changes to its Constitution, facilitating improved governance and management of the library services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established