DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Plenty Regional Library Service T/A Yarra Plenty Regional Library
(AG2018/5752)

YARRA PLENTY REGIONAL LIBRARY SERVICE ENTERPRISE AGREEMENT 2018

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Yarra Plenty Regional Library Service Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Plenty Regional Library Service Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Yarra Plenty Regional Library Service, applied to the Fair Work Commission for the approval of the Yarra Plenty Regional Library Service Enterprise Agreement 2018. The application was made under section 232 of the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the library's employee union, the Media, Entertainment and Arts Alliance, concerning the terms and conditions of employment for library staff.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for minimum entitlements, included appropriate dispute resolution mechanisms, and was fairly negotiated. The Commission examined the agreement's provisions concerning pay rates, leave entitlements, hours of work, and other employment conditions to determine if it provided for the minimum standards set out in the Act. Additionally, the Commission assessed the agreement's dispute resolution provisions to ensure they were fair and accessible to the parties involved.

The Commission found that the enterprise agreement met the requirements of the Fair Work Act. The agreement provided for minimum entitlements and contained adequate dispute resolution mechanisms. The Commission also determined that the agreement was fairly negotiated, as both parties had engaged in good faith throughout the negotiation process. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory provisions and the principles of procedural fairness.

The Commission's final order was the approval of the Yarra Plenty Regional Library Service Enterprise Agreement 2018, effective from the date of the decision. The approved agreement binds both the applicant and the union, setting out the terms and conditions of employment for library staff. This decision ensures that the agreement remains in force and effect, providing a stable framework for industrial relations 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