Review of the Principles for Approval Of Enterprise Agreements 2018 [2018] NSWIRComm 1064

Review of the Principles for Approval Of Enterprise Agreements 2018 [2018] NSWIRComm 1064

There was complete agreement among the parties that the Principles do not require amendment, except for the removal of a paragraph referring to federal awards. Having considered the statutory criteria and the parties' submissions, the Full Bench determined that the only necessary amendment was the removal of the reference to employees covered by federal awards, and otherwise re-adopted the existing Principles effective from 13 September 2018, pursuant to s 33(1) of the Industrial Relations Act 1996 (NSW).

Parties
Party: Unions NSW; Party: Secretary of Industrial Relations; Party: Local Government NSW; Party: Aged and Community Services Australia
Jurisdiction
Australia
Judgment Date
23 October 2018
Procedural Posture
Review of Principles for Approval of Enterprise Agreements / Full Bench Decision and Orders
Outcome
Principles for approval of enterprise agreements set with minor amendment (removal of reference to federal awards) and otherwise continued.
Legal Topics
Enterprise Agreements, Principles for Approval, Industrial Relations Act 1996 (nsw), Procedural Requirements, Discrimination in Employment
Industrial Law Enterprise Agreements Principles for Approval Industrial Relations Act 1996 (nsw) Procedural Requirements Discrimination in Employment

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Parties

Unions NSW

Party

Secretary of Industrial Relations

Party

Local Government NSW

Party

Aged and Community Services Australia

Party

Procedural Posture

Review of Principles for Approval of Enterprise Agreements / Full Bench Decision and Orders

Legal Issues

  1. 1 Whether to alter the Principles for Approval of Enterprise Agreements under s 33 of the Industrial Relations Act 1996 (NSW)
  2. 2 Appropriateness of existing principles
  3. 3 Removal of reference to federal awards in principles

Ratio Decidendi

There was complete agreement among the parties that the Principles do not require amendment, except for the removal of a paragraph referring to federal awards. Having considered the statutory criteria and the parties' submissions, the Full Bench determined that the only necessary amendment was the removal of the reference to employees covered by federal awards, and otherwise re-adopted the existing Principles effective from 13 September 2018, pursuant to s 33(1) of the Industrial Relations Act 1996 (NSW).

Court Disposition

Principles for approval of enterprise agreements set with minor amendment (removal of reference to federal awards) and otherwise continued.

Orders

  • Pursuant to s 33(1) of the Industrial Relations Act 1996, the Full Bench sets the Principles contained in Annexure A to this decision as the Principles to be followed by the Commission in determining whether to approve enterprise agreements;
  • The Principles determined shall operate on and from 13 September 2018 and remain in force until further order of the Commission.