Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005

Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005

The Full Bench reviewed the current and proposed principles, considered submissions, and accepted amendments to the principles to ensure statutory compliance and clarity on dispute resolution and evidence requirements under the Industrial Relations Act 1996 (NSW). The new Principles, as set out in Annexure A, are to be applied by the Commission in approval of enterprise agreements from the decision date onward.

Jurisdiction
Australia
Judgment Date
23 February 2022
Procedural Posture
Review of Principles/approval Process / Hearing and Final Orders
Outcome
Principles for Approval of Enterprise Agreements amended and set by the Full Bench, to operate from decision date until further order.
Legal Topics
['enterprise Agreements' 'approval Principles' 'dispute Resolution' 'anti Discrimination']
['industrial Law'] ['enterprise Agreements' 'approval Principles' 'dispute Resolution' 'anti Discrimination']

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Procedural Posture

Review of Principles/approval Process / Hearing and Final Orders

Legal Issues

  1. 1 ['Whether to amend the Principles for Approval of Enterprise Agreements pursuant to s 33 of the Industrial Relations Act 1996 (NSW)' 'Whether proposed amendments better address statutory requirements for dispute resolution and evidence of compliance']

Ratio Decidendi

The Full Bench reviewed the current and proposed principles, considered submissions, and accepted amendments to the principles to ensure statutory compliance and clarity on dispute resolution and evidence requirements under the Industrial Relations Act 1996 (NSW). The new Principles, as set out in Annexure A, are to be applied by the Commission in approval of enterprise agreements from the decision date onward.

Court Disposition

Principles for Approval of Enterprise Agreements amended and set by the Full Bench, to operate from decision date until further order.

Orders

  • ['The Principles contained in Annexure A are set as the Principles to be followed by the Commission in determining whether to approve enterprise agreements.' 'The Principles operate on and from the date of this decision and remain in force until further order of the Commission.']