DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wimmera Regional Library Corporation
(AG2016/5355)

WIMMERA REGIONAL LIBRARY CORPORATION AGREEMENT NO.8, 2016

Local government administration
COMMISSIONER LEE	LAUNCESTON, 7 OCTOBER 2016

Application for approval of the Wimmera Regional Library Corporation Agreement No.8, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wimmera Regional Library Corporation Agreement No.8, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wimmera 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] 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.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical & 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the matter between the Wimmera Regional Library Corporation and several other parties concerning the approval of the Wimmera Regional Library Corporation Agreement No.8, 2016, was adjudicated. The primary parties involved in this case included the Wimmera Regional Library Corporation and its associated library councils and employees. The dispute centred around the legal and procedural aspects of approving the proposed library agreement, which aimed to enhance the governance and operational framework of the library services in the Wimmera region. The court was tasked with determining whether the process followed in reaching this agreement was in compliance with relevant statutory requirements and if the agreement itself was fair and appropriate.

The legal issues that the court addressed encompassed the procedural legitimacy of the agreement formation process and the substantive fairness of the terms outlined in the agreement. Key concerns included whether the necessary consultation and notification procedures were adequately followed, as mandated by relevant legislation, and whether the agreement fairly represented the interests of all stakeholders involved. The court also considered whether the agreement met the statutory criteria for approval, focusing on its alignment with the public interest and its potential impact on the library services provided in the Wimmera region.

The court meticulously reviewed the documentation and evidence presented by both parties, examining the procedural steps taken during the agreement's formation. It found that the process adhered to the necessary legal requirements, including appropriate consultation with the relevant stakeholders. The court also assessed the substantive provisions of the agreement and determined that it was fair and in the public interest, effectively addressing the operational needs of the library services in the Wimmera region. Based on these findings, the court approved the Wimmera Regional Library Corporation Agreement No.8, 2016, affirming its compliance with the relevant legislative framework and its suitability for implementation.

Wimmera 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