Yarra Plenty Regional Library Service T/A Yarra Plenty Regional Library

[2021] FWCA 6399

[2021] FWCA 6399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Plenty Regional Library Service T/A Yarra Plenty Regional Library
(AG2021/7920)

YARRA PLENTY REGIONAL LIBRARY SERVICE ENTERPRISE AGREEMENT 2020

Local Government Administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 OCTOBER 2021

Application for approval of the Yarra Plenty Regional Library Service Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Plenty Regional Library Service Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yarra Plenty Regional Library Service T/A Yarra Plenty Regional Library (the Employer). 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained an error on page 10, at clauses 9.2.4, 10.2 and 10.5, with incorrect cross-referencing of clause numbers. On 12 October 2021, the Applicant filed an amended page 10 of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] I observe that clauses 16.2.7 and 14.4.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 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.

[5] The Australian Services Workers 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 was approved on 22 October 2021 and, in accordance with s.54, will operate from 29 October 2021. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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