MidCoast Council Water Services Agreement 2019 [2019] NSWIRComm 1034

MidCoast Council Water Services Agreement 2019 [2019] NSWIRComm 1034

The Commission was satisfied that the application adequately demonstrated that the MidCoast Council Water Services Agreement 2019 complied with all necessary statutory tests pursuant to s.33 and s.35 of the Industrial Relations Act 1996 and the principles set by the Commission in Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064, and therefore approved the Agreement under s.35.

Jurisdiction
Australia
Judgment Date
28 May 2019
Procedural Posture
Application Pursuant to Section 34 of the Industrial Relations Act 1996 for Approval of an Enterprise Agreement / Heard and Determined During Compulsory Conference Proceedings; Agreement Approved
Outcome
Agreement Approved
Legal Topics
['enterprise Agreement Approval' 'industrial Dispute' 'collaborative Employee Relations' 'no Net Detriment' 'equal Remuneration']
['industrial Relations' 'employment Law'] ['enterprise Agreement Approval' 'industrial Dispute' 'collaborative Employee Relations' 'no Net Detriment' 'equal Remuneration']

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Procedural Posture

Application Pursuant to Section 34 of the Industrial Relations Act 1996 for Approval of an Enterprise Agreement / Heard and Determined During Compulsory Conference Proceedings; Agreement Approved

Legal Issues

  1. 1 ["Whether the MidCoast Council Water Services Agreement 2019 complied with the statutory tests for approval under the Industrial Relations Act 1996 and the Commission's principles for approval of enterprise agreements." 'Whether the Agreement should be approved as a partial settlement of the industrial dispute.']

Ratio Decidendi

The Commission was satisfied that the application adequately demonstrated that the MidCoast Council Water Services Agreement 2019 complied with all necessary statutory tests pursuant to s.33 and s.35 of the Industrial Relations Act 1996 and the principles set by the Commission in Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064, and therefore approved the Agreement under s.35.

Court Disposition

Agreement Approved

Orders

  • ['The MidCoast Council Water Services Agreement 2019 is approved in accordance with s.35 of the Industrial Relations Act 1996.' 'The Agreement shall operate from the beginning of the first full pay period to commence on or after 20 May 2019 for a term of three (3) years.']