Riverina Water County Council Enterprise Award 2004 [2007] NSWIRComm 1090

Riverina Water County Council Enterprise Award 2004 [2007] NSWIRComm 1090

On the basis of the parties' submissions, the Commission was satisfied that the Riverina Water County Council was essentially a community based organisation providing a service to the community, rather than a S.51(xx) trading corporation. Accordingly, the S.19 award review process remained relevant to the 2004 Award, and the Award complied with S.19 and should remain in its present form.

Jurisdiction
Australia
Judgment Date
06 December 2007
Procedural Posture
Award Review / Notice of Award Review Pursuant to S.19 of the Industrial Relations Act, 1996; Decision After Hearing
Outcome
Award review completed; the Riverina Water County Council Enterprise Award 2004 was preserved unaltered.
Legal Topics
['award Review' 'county Council Enterprise Award' 'rural Water Distribution' 'constitutional Corporations' 'work Choices' 'preserved State Agreements']
['industrial Relations' 'employment Law'] ['award Review' 'county Council Enterprise Award' 'rural Water Distribution' 'constitutional Corporations' 'work Choices' 'preserved State Agreements']

Case Brief

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Procedural Posture

Award Review / Notice of Award Review Pursuant to S.19 of the Industrial Relations Act, 1996; Decision After Hearing

Legal Issues

  1. 1 ['Whether the S.19 award review process remained relevant to the Riverina Water County Council Enterprise Award 2004.' 'Whether the Riverina Water County Council was a S.51(xx) trading corporation such that the 2004 Award ceased to have effect as a State award to the extent it applied to employees of a constitutional corporation.' 'Whether the 2004 Award should remain in its present form after review.']

Ratio Decidendi

On the basis of the parties' submissions, the Commission was satisfied that the Riverina Water County Council was essentially a community based organisation providing a service to the community, rather than a S.51(xx) trading corporation. Accordingly, the S.19 award review process remained relevant to the 2004 Award, and the Award complied with S.19 and should remain in its present form.

Court Disposition

Award review completed; the Riverina Water County Council Enterprise Award 2004 was preserved unaltered.

Orders

  • ['The Riverina Water County Council Enterprise Award 2004 shall operate on and from Thursday, 6 December, 2007.']