Review of the Principles for Approval of Enterprise Agreements 2015 [2015] NSWIRComm 24

Review of the Principles for Approval of Enterprise Agreements 2015 [2015] NSWIRComm 24

It was appropriate to adopt the amended Principles as agreed by the parties and proposed by the Industrial Relations Secretary, as they properly reflect legislative requirements (notably those in s 33 of the Industrial Relations Act 1996), current anti-discrimination legislation, and enhanced negotiation procedures.

Jurisdiction
Australia
Judgment Date
08 September 2015
Procedural Posture
Review of Principles for Approval of Enterprise Agreements / Full Bench Decision Following Summons to Show Cause
Outcome
Principles for approval of enterprise agreements set and to operate from 8 September 2015 until further order.
Legal Topics
['enterprise Agreements' 'approval Principles' 'industrial Relations' 'consent Arrangement' 'review of Principles']
['industrial Law'] ['enterprise Agreements' 'approval Principles' 'industrial Relations' 'consent Arrangement' 'review of Principles']

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Procedural Posture

Review of Principles for Approval of Enterprise Agreements / Full Bench Decision Following Summons to Show Cause

Legal Issues

  1. 1 ['Whether to alter the Principles for Approval of Enterprise Agreements under s 33 of the Industrial Relations Act 1996' 'Whether amendments to the Principles as proposed by the parties and the intervener should be adopted']

Ratio Decidendi

It was appropriate to adopt the amended Principles as agreed by the parties and proposed by the Industrial Relations Secretary, as they properly reflect legislative requirements (notably those in s 33 of the Industrial Relations Act 1996), current anti-discrimination legislation, and enhanced negotiation procedures.

Court Disposition

Principles for approval of enterprise agreements set and to operate from 8 September 2015 until further order.

Orders

  • ['Pursuant to s 33(1) of the Industrial Relations Act 1996, the Full Bench sets the Principles contained in Annexure A as those to be followed in determining approval of enterprise agreements.' 'The Principles determined operate on and from 8 September 2015 and remain in force until further order.']