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
Summary, issues, holding and outcome
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Procedural Posture
Enterprise Agreement Approval / Application for Approval of Enterprise Agreement
Legal Issues
- 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 "The enterprise agreement known as 'Ballina Shire Council Managers' Enterprise Agreement 2017-2020' is rescinded effective 19 June 2020."]
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