Cessnock City Council Enterprise Agreement 2018 [2018] NSWIRComm 1058

Cessnock City Council Enterprise Agreement 2018 [2018] NSWIRComm 1058

The Commission was satisfied that the material presented demonstrated that the Cessnock City Council Enterprise Agreement 2018 complied with all necessary statutory tests and the principles set by the Commission pursuant to section 33 of the Industrial Relations Act 1996, and therefore approved the Agreement under s. 35.

Jurisdiction
Australia
Judgment Date
20 September 2018
Procedural Posture
Application Pursuant to Section 34 of the Industrial Relations Act 1996 Seeking Approval of an Enterprise Agreement / Hearing and Approval of Enterprise Agreement
Outcome
Agreement approved
Legal Topics
['awards and Agreements' 'enterprise Agreement Approval' 'local Government Employment']
['employment and Industrial Law'] ['awards and Agreements' 'enterprise Agreement Approval' 'local Government Employment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Pursuant to Section 34 of the Industrial Relations Act 1996 Seeking Approval of an Enterprise Agreement / Hearing and Approval of Enterprise Agreement

Legal Issues

  1. 1 ['Whether the Cessnock City Council Enterprise Agreement 2018 complied with the necessary statutory tests for approval.' 'Whether the Agreement complied with the principles for approval determined by the Commission under section 33 of the Industrial Relations Act 1996.' 'Whether the Agreement, compared with the Local Government (State) Award 2017, resulted in a net detriment to covered employees.']

Ratio Decidendi

The Commission was satisfied that the material presented demonstrated that the Cessnock City Council Enterprise Agreement 2018 complied with all necessary statutory tests and the principles set by the Commission pursuant to section 33 of the Industrial Relations Act 1996, and therefore approved the Agreement under s. 35.

Court Disposition

Agreement approved

Orders

  • ['The Cessnock City Council Enterprise Agreement 2018 is approved in accordance with s. 35 of the Industrial Relations Act 1996.' 'The Agreement will operate from the beginning of the first full pay period to commence on and from 1 July 2018 for a term of three (3) years.' 'The Agreement rescinds and replaces the...