Ballina Shire Council Managers’ Enterprise Agreement 2020-2023 [2020] NSWIRComm 1045

Ballina Shire Council Managers’ Enterprise Agreement 2020-2023 [2020] NSWIRComm 1045

The Agreement complies with the necessary statutory requirements and principles set by the Commission pursuant to s 33 and s 35 of the Industrial Relations Act 1996 (NSW), does not result in net detriment, and is therefore approved.

Jurisdiction
Australia
Judgment Date
23 June 2020
Procedural Posture
Enterprise Agreement Approval / Application for Approval of Enterprise Agreement
Outcome
Agreement Approved
Legal Topics
['enterprise Agreement' 'approval of Enterprise Agreements']

Case Brief

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Procedural Posture

Enterprise Agreement Approval / Application for Approval of Enterprise Agreement

  1. 1 ["Whether the Ballina Shire Council Managers' Enterprise Agreement 2020-2023 satisfies statutory requirements for approval under the Industrial Relations Act 1996 (NSW)" 'Whether the Agreement results in a net detriment to employees compared with the Award' 'Whether the principles for approval of enterprise agreements have been complied with']

Ratio Decidendi

The Agreement complies with the necessary statutory requirements and principles set by the Commission pursuant to s 33 and s 35 of the Industrial Relations Act 1996 (NSW), does not result in net detriment, and is therefore approved.

Court Disposition

Agreement Approved

Orders

  • ["The Ballina Shire Council Managers' Enterprise Agreement 2020-2023 is approved and will operate from 19 June 2020 for a period of three years." "The enterprise agreement known as 'Ballina Shire Council Managers' Enterprise Agreement 2017-2020' is rescinded effective 19 June 2020."]