Wimmera Regional Library Corporation T/A Wimmera Regional Library Corporation

[2020] FWCA 1954

[2020] FWCA 1954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wimmera Regional Library Corporation T/A Wimmera Regional Library Corporation
(AG2020/153)

WIMMERA REGIONAL LIBRARY CORPORATION AGREEMENT NO. 9, 2019

Local government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 APRIL 2020

Application for approval of the Wimmera Regional Library Corporation Agreement No. 9, 2019.

[1] Wimmera Regional Library Corporation (the Employer) has made an application for approval of an enterprise agreement known as the Wimmera Regional Library Corporation Agreement No. 9, 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I observe that clauses 5.1.6.2, 5.2.1.6, 3.1.2.4.1.2, 3.21.1.5.2 and 3.21.5.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 15 April 2020 and, in accordance with s 54, will operate from 22 April 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507764  PR718271>

Annexure A