Review of the Principles for Approval of Enterprise Agreements 2002 - Statement of Full Bench, Re [2002] NSWIRComm 310

Review of the Principles for Approval of Enterprise Agreements 2002 - Statement of Full Bench, Re [2002] NSWIRComm 310

Because the possible bargaining fee principle had not been the subject of submissions, the Full Bench considered it appropriate to raise the possible terms with the parties and give them an opportunity to make written submissions before concluding its deliberations.

Jurisdiction
Australia
Judgment Date
22 November 2002
Procedural Posture
Review of the Principles for Approval of Enterprise Agreements 2002; Summons to Show Cause on the Commission's Own Initiative Pursuant to Section 33(4) of the Industrial Relations Act 1996 / Statement of the Full Bench After Hearing; Final Decision Reserved and Directions Made for Written Submissions
Outcome
Statement made and directions issued for written submissions; no final conclusion reached on the matters argued.
Legal Topics
['enterprise Agreements' 'approval Principles' 'bargaining Agent Fees' 'union Bargaining Fees' 'jurisdictional Issues' 'written Submissions']
['industrial Relations'] ['enterprise Agreements' 'approval Principles' 'bargaining Agent Fees' 'union Bargaining Fees' 'jurisdictional Issues' 'written Submissions']

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Procedural Posture

Review of the Principles for Approval of Enterprise Agreements 2002; Summons to Show Cause on the Commission's Own Initiative Pursuant to Section 33(4) of the Industrial Relations Act 1996 / Statement of the Full Bench After Hearing; Final Decision Reserved and Directions Made for Written Submissions

Legal Issues

  1. 1 ['Whether the Full Bench should insert a principle proposed by certain private employer associations in the review of enterprise agreement approval principles.' 'Whether the jurisdictional submissions made on behalf of those parties may be incorrect.' 'Whether a principle should be inserted dealing with agency or union bargaining fees in proposed enterprise agreements.' 'Whether parties should be given an opportunity to make written submissions on the terms of a possible principle not previously the subject of submissions.']

Ratio Decidendi

Because the possible bargaining fee principle had not been the subject of submissions, the Full Bench considered it appropriate to raise the possible terms with the parties and give them an opportunity to make written submissions before concluding its deliberations.

Court Disposition

Statement made and directions issued for written submissions; no final conclusion reached on the matters argued.

Orders

  • ['Any party to these proceedings which wishes to make submissions as to the terms of the possible principle set out in paragraph [3] of this statement shall do so by filing and serving such submission no later than 4pm on Friday 29 November 2002.' 'Any party which wishes to reply to any of the submissions filed and...