Delta Electricity Employees Enterprise Agreement 2009 [2009] NSWIRComm 170

Delta Electricity Employees Enterprise Agreement 2009 [2009] NSWIRComm 170

The enterprise agreement is validly approved as it satisfies all statutory and policy requirements, was entered into freely, meets the interests of all parties, and incorporates justifiable wage and employment condition improvements alongside health-based reforms to sick leave procedures.

Jurisdiction
Australia
Judgment Date
14 October 2009
Procedural Posture
Application for Approval of Enterprise Agreement / Judgment on Approval
Outcome
Approved
Legal Topics
['enterprise Agreement Approval' 'referral Agreement' 'wage Increases' 'attendance Policy' 'industrial Relations Act 1996']
['industrial Relations'] ['enterprise Agreement Approval' 'referral Agreement' 'wage Increases' 'attendance Policy' 'industrial Relations Act 1996']

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Procedural Posture

Application for Approval of Enterprise Agreement / Judgment on Approval

Legal Issues

  1. 1 ['Whether the enterprise agreement complies with statutory requirements for approval' 'Whether agreement was entered into without duress and is fair and just' 'Whether sick leave and wage provisions meet public interest and the no net detriment test']

Ratio Decidendi

The enterprise agreement is validly approved as it satisfies all statutory and policy requirements, was entered into freely, meets the interests of all parties, and incorporates justifiable wage and employment condition improvements alongside health-based reforms to sick leave procedures.

Court Disposition

Approved

Orders

  • ['The Delta Electricity Employees Enterprise Agreement 2009 is approved in the terms of the application and will remain in force until 11 March 2011.']