Western Murray Irrigation Limited Enterprise Agreement 2003 [2003] NSWIRComm 346

Western Murray Irrigation Limited Enterprise Agreement 2003 [2003] NSWIRComm 346

Approval granted as Commission is satisfied that statutory requirements are met, the agreement operates to exclude applicable Awards, includes provisions for wage increases, was not entered under duress, and no net detriment is caused to employees.

Jurisdiction
Australia
Judgment Date
17 October 2003
Procedural Posture
Application for Approval of Enterprise Agreement / Decision (ex Tempore)
Outcome
agreement approved
Legal Topics
['enterprise Agreement Approval' 'wage Increases' 'retrospective Operation of Agreements' 'exclusion of Awards']
['industrial Relations'] ['enterprise Agreement Approval' 'wage Increases' 'retrospective Operation of Agreements' 'exclusion of Awards']

Case Brief

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Procedural Posture

Application for Approval of Enterprise Agreement / Decision (ex Tempore)

Legal Issues

  1. 1 ['Whether the statutory requirements for approval of the enterprise agreement under the Industrial Relations Act 1996 and related instruments have been met' 'Whether the agreement should operate retrospectively from 1 January 2003 to 30 June 2004' 'Whether the agreement causes detriment to employees compared to relevant Awards']

Ratio Decidendi

Approval granted as Commission is satisfied that statutory requirements are met, the agreement operates to exclude applicable Awards, includes provisions for wage increases, was not entered under duress, and no net detriment is caused to employees.

Court Disposition

agreement approved

Orders

  • ['Pursuant to s35 of the Industrial Relations Act 1996, the Commission approves the Western Murray Irrigation Limited Enterprise Agreement 2003 to take effect on 1 January 2003 and remain in force until 30 June 2004.' 'These proceedings are concluded.']