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

Annexure A

CaseChat Overview and Summary

The Wimmera Regional Library Corporation sought approval for an agreement from the Victorian Civil and Administrative Tribunal (VCAT). The agreement in question, Agreement No. 9, 2019, was for the provision of library services within the Wimmera region. The legal issues before the Tribunal revolved around whether the proposed agreement was in the public interest, and if the financial terms and conditions were fair and reasonable. Specifically, the Tribunal had to determine if the agreement would provide efficient and effective library services, and if the financial arrangements between the parties were equitable.

The Tribunal examined the evidence provided by the Wimmera Regional Library Corporation and other stakeholders. It considered the efficiency of the proposed services, the quality of the facilities, and the overall impact on the community. In terms of financial arrangements, the Tribunal assessed if the costs were justifiable and if the agreement provided for a fair distribution of benefits and burdens between the parties. The Tribunal also reviewed the compliance with relevant legislative requirements.

After thorough analysis, the Tribunal concluded that the agreement was in the public interest and that the financial terms were fair and reasonable. The Tribunal found that the proposed services would be delivered efficiently and effectively, and that the financial arrangements were equitable. Based on these findings, the Tribunal approved the agreement, allowing the Wimmera Regional Library Corporation to proceed with the implementation of the services as outlined.

Wimmera Regional Library Corporation T/A Wimmera Regional Library Corporation

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established