Transport Workers' Union of New South Wales and Hytec Concrete Pty Ltd [2009] NSWIRComm 164
The Commission is satisfied the proposed Agreement meets all statutory requirements, particularly as set out in s 325 of the Act; no net detriment to carriers is present, the Agreement was entered into voluntarily and with understanding by both parties, and the approval criteria are met.
- Jurisdiction
- Australia
- Judgment Date
- 29 September 2009
- Procedural Posture
- Industrial Dispute / Approval of Contract Agreement
- Outcome
- agreement approved
- Legal Topics
- ["contract Carriers' Agreement" 'approval of Industrial Agreements' 'industrial Dispute Resolution']
Case Brief
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Procedural Posture
Industrial Dispute / Approval of Contract Agreement
Legal Issues
- 1 ['Whether the contract agreement complies with all relevant statutory requirements' 'Whether there is any net detriment to contract carriers under the proposed agreement compared to existing determinations' 'Whether the agreement was entered into under duress' 'Whether the parties understand the terms of the agreement']
Ratio Decidendi
The Commission is satisfied the proposed Agreement meets all statutory requirements, particularly as set out in s 325 of the Act; no net detriment to carriers is present, the Agreement was entered into voluntarily and with understanding by both parties, and the approval criteria are met.
Court Disposition
agreement approved
Orders
- ['The contract agreement tendered as Exhibit 1 is approved and will commence 1 October 2009 and remain in statutory force until 30 September 2012.']
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