North Sydney Council Retirement Gratuity Transitional Enterprise Agreement 2020 [2020] NSWIRComm 1067

North Sydney Council Retirement Gratuity Transitional Enterprise Agreement 2020 [2020] NSWIRComm 1067

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

Jurisdiction
Australia
Judgment Date
29 September 2020
Procedural Posture
Application Pursuant to S 32 of the Industrial Relations Act 1996 (nsw) for Approval of an Enterprise Agreement / Approval of Enterprise Agreement
Outcome
Agreement Approved
Legal Topics
['enterprise Agreement Approval' 'retirement Gratuity Transitional Enterprise Agreement' 'industrial Relations Act 1996 (nsw) Statutory Approval Tests']
['employment and Industrial Law'] ['enterprise Agreement Approval' 'retirement Gratuity Transitional Enterprise Agreement' 'industrial Relations Act 1996 (nsw) Statutory Approval Tests']

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Procedural Posture

Application Pursuant to S 32 of the Industrial Relations Act 1996 (nsw) for Approval of an Enterprise Agreement / Approval of Enterprise Agreement

Legal Issues

  1. 1 ['Whether the North Sydney Council Retirement Gratuity Transitional Enterprise Agreement 2020 complied with the necessary statutory tests pursuant to s 33 of the Industrial Relations Act 1996 (NSW).' 'Whether the enterprise agreement should be approved under s 35 of the Industrial Relations Act 1996 (NSW).']

Ratio Decidendi

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

Court Disposition

Agreement Approved

Orders

  • ['The North Sydney Council Retirement Gratuity Transitional Enterprise Agreement 2020 is approved in accordance with s 35 of the Industrial Relations Act 1996 (NSW).' 'The Agreement shall operate on and from 29 September 2020 for a nominal term of three (3) years.']