Centacare Catholic Community Service Archdiocese of Sydney Salary Packaging Enterprise Agreement [2002] NSWIRComm 351

Centacare Catholic Community Service Archdiocese of Sydney Salary Packaging Enterprise Agreement [2002] NSWIRComm 351

The Commission approved the agreement because the application met the procedural requirements, the required particulars and affidavit were provided, the comparison report was considered, the agreement was to operate with the relevant award, employees had voted unanimously in favour, the union supported the agreement, there was no detriment to employees, the parties understood the agreement's effect and it was not entered into under duress.

Jurisdiction
Australia
Judgment Date
06 December 2002
Procedural Posture
Application for Approval of an Enterprise Agreement / Approval Hearing
Outcome
The Centacare Catholic Community Service Archdiocese of Sydney Salary Packaging Enterprise Agreement 2002 was approved under s 35 of the Industrial Relations Act 1996 and the proceedings were concluded.
Legal Topics
['enterprise Agreement' 'non Union Agreement' 'salary Packaging' 'employee Ballot' 'no Detriment Test' 'union Intervention']
['industrial Relations' 'employment Law'] ['enterprise Agreement' 'non Union Agreement' 'salary Packaging' 'employee Ballot' 'no Detriment Test' 'union Intervention']

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Procedural Posture

Application for Approval of an Enterprise Agreement / Approval Hearing

Legal Issues

  1. 1 ['Whether the Centacare Catholic Community Service Archdiocese of Sydney Salary Packaging Enterprise Agreement 2002 should be approved under s 35 of the Industrial Relations Act 1996.' 'Whether the statutory requirements and enterprise agreement approval principles were satisfied.' 'Whether the agreement caused detriment to employees otherwise bound by the Clerical and Administrative Employees (State) Award (296 IG 619).' 'Whether the employees understood the effect of the agreement and entered it without duress.']

Ratio Decidendi

The Commission approved the agreement because the application met the procedural requirements, the required particulars and affidavit were provided, the comparison report was considered, the agreement was to operate with the relevant award, employees had voted unanimously in favour, the union supported the agreement, there was no detriment to employees, the parties understood the agreement's effect and it was not entered into under duress.

Court Disposition

The Centacare Catholic Community Service Archdiocese of Sydney Salary Packaging Enterprise Agreement 2002 was approved under s 35 of the Industrial Relations Act 1996 and the proceedings were concluded.

Orders

  • ['The Commission approves the agreement known as the Centacare Catholic Community Service Archdiocese of Sydney Salary Packaging Enterprise Agreement 2002.' 'The agreement will take effect on and from 6 December 2002 and will remain in force for a period of three years thereafter.']