Arthur Yates and Co Ltd Clerical and Administrative Enterprise Agreement 2002 [2002] NSWIRComm 260
Statutory requirements for approval of the enterprise agreement are met and the Commission's Principles are satisfied; approval granted for two years retrospectively from 1 March 2002.
- Parties
- Applicant: Arthur Yates & Co Ltd; Respondent: Named employees
- Jurisdiction
- Australia
- Judgment Date
- 06 September 2002
- Procedural Posture
- Application for Approval of Enterprise Agreement / Decision on Approval
- Outcome
- Agreement approved for two years from 1 March 2002.
- Legal Topics
- Enterprise Agreements, Clerical and Administrative Employees, Approval Process, Ballots, Union Involvement, Wage Increases, Retrospective Operation
Case Brief
Summary, issues, holding and outcome
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Parties
Arthur Yates & Co Ltd
Applicant
Named employees
Respondent
Procedural Posture
Application for Approval of Enterprise Agreement / Decision on Approval
Legal Issues
- 1 Whether the statutory requirements for approval of the enterprise agreement under the Industrial Relations Act 1996 are satisfied
- 2 Whether the agreement meets the principles for approval formulated by the Commission
- 3 Whether there is capacity for retrospective operation of the agreement
Ratio Decidendi
Statutory requirements for approval of the enterprise agreement are met and the Commission's Principles are satisfied; approval granted for two years retrospectively from 1 March 2002.
Court Disposition
Agreement approved for two years from 1 March 2002.
Orders
- Arthur Yates and Co Ltd Clerical & Administrative Employees Enterprise Agreement 2002 is approved pursuant to Section 35 of the Act, taking effect from 1 March 2002 for two years.
Full Case Text
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