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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CaseChat Overview and Summary

The applicant, Yarra Plenty Regional Library Service T/A Yarra Plenty Regional Library, applied to the Fair Work Commission for the approval of the Yarra Plenty Regional Library Service Enterprise Agreement 2020. The dispute centred on whether the proposed agreement met the statutory criteria for approval, including that it was in the public interest and did not undermine the protection of employees' rights.

The primary legal issue the court needed to resolve was whether the terms and conditions outlined in the enterprise agreement were fair and reasonable, particularly in light of the economic climate and the obligations imposed by relevant legislation. Additionally, the court had to assess whether the agreement adequately protected the rights and interests of the employees while balancing the needs of the employer.

The Fair Work Commission determined that the proposed agreement was fair and reasonable, as it provided for a balanced outcome that recognised the economic circumstances and the need for flexibility. The court found that the agreement appropriately balanced the interests of both parties and did not undermine the protection of employees' rights. Consequently, the court approved the enterprise agreement, confirming its compliance with the relevant statutory criteria.

The court's decision resulted in the formal approval of the Yarra Plenty Regional Library Service Enterprise Agreement 2020, allowing it to take effect and govern the employment terms and conditions for the employees within the organisation.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established