Ballina Shire Council Enterprise Agreement "Long Service Leave" Enterprise Agreement [2011] NSWIRComm 101

Ballina Shire Council Enterprise Agreement "Long Service Leave" Enterprise Agreement [2011] NSWIRComm 101

Because the Agreement only allowed cashing out while requiring employees to retain long service leave in excess of the entitlement prescribed by the Long Service Leave Act 1955, it did not offend the statutory prohibition on contracting out, and the material before the Commission demonstrated compliance with the necessary approval tests.

Jurisdiction
Australia
Judgment Date
29 July 2011
Procedural Posture
Enterprise Agreement Approval / Decision on Application for Approval
Outcome
Agreement approved
Legal Topics
['enterprise Agreement' 'long Service Leave' 'cashing Out Leave' 'no Net Detriment Test' 'contracting Out of Statutory Entitlements']
['industrial Relations' 'employment Law'] ['enterprise Agreement' 'long Service Leave' 'cashing Out Leave' 'no Net Detriment Test' 'contracting Out of Statutory Entitlements']

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Procedural Posture

Enterprise Agreement Approval / Decision on Application for Approval

Legal Issues

  1. 1 ['Whether the Ballina Shire Council Enterprise Agreement Long Service Leave 2011-2014 could validly allow employees to cash out a proportion of long service leave by arrangement with the employer.' 'Whether the leave retained by employees after any cashing out remained in excess of the entitlement prescribed by the Long Service Leave Act 1955.' "Whether the Agreement complied with the relevant statutory requirements, the no net detriment test, absence of duress, and the Commission's principles for approval."]

Ratio Decidendi

Because the Agreement only allowed cashing out while requiring employees to retain long service leave in excess of the entitlement prescribed by the Long Service Leave Act 1955, it did not offend the statutory prohibition on contracting out, and the material before the Commission demonstrated compliance with the necessary approval tests.

Court Disposition

Agreement approved

Orders

  • ['The Ballina Shire Council Enterprise Agreement Long Service Leave 2011-2014 is approved in terms of the application to apply from the first pay period on or after 28 July 2011 and remain in force for a period of three years.' 'Matter No IRC 1256 of 2011 is so concluded.']