Wollongong City Council Enterprise Agreement 2018 – 2021 [2020] NSWIRComm 1039

Wollongong City Council Enterprise Agreement 2018 – 2021 [2020] NSWIRComm 1039

The agreement, as presented, complies with all statutory requirements and Commission approval principles; it was not entered into under duress and does not result in a net detriment to employees, warranting its approval under s 35 of the Industrial Relations Act 1996.

Jurisdiction
Australia
Judgment Date
26 May 2020
Procedural Posture
Enterprise Agreement Approval / Approval Hearing
Outcome
Agreement Approved
Legal Topics
['enterprise Agreement' 'statutory Compliance' 'equal Remuneration']
['employment and Industrial Law'] ['enterprise Agreement' 'statutory Compliance' 'equal Remuneration']

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Procedural Posture

Enterprise Agreement Approval / Approval Hearing

Legal Issues

  1. 1 ['Whether the Wollongong City Council Enterprise Agreement 2018 – 2021 complies with statutory requirements' 'Whether the agreement results in a net detriment to employees' 'Whether the approval principles under s 33 of the Industrial Relations Act 1996 are satisfied']

Ratio Decidendi

The agreement, as presented, complies with all statutory requirements and Commission approval principles; it was not entered into under duress and does not result in a net detriment to employees, warranting its approval under s 35 of the Industrial Relations Act 1996.

Court Disposition

Agreement Approved

Orders

  • ['The Wollongong City Council Enterprise Agreement 2018 – 2021 is approved in accordance with s 35 of the Industrial Relations Act 1996' 'The agreement shall operate on and from 26 May 2020 and expire on 30 June 2021' 'This agreement rescinds and replaces Enterprise Agreement number EA19/04']