Lake Macquarie City Council Enterprise Agreement 2014 [2015] NSWIRComm 32

Lake Macquarie City Council Enterprise Agreement 2014 [2015] NSWIRComm 32

The Commission was satisfied that the Agreement submitted for approval met all necessary tests, including statutory requirements, the no net detriment test, absence of duress, and the Commission's principles for approval; accordingly it approved the Agreement pursuant to section 43 of the Industrial Relations Act 1996 for the stated period.

Jurisdiction
Australia
Judgment Date
13 October 2015
Procedural Posture
Application for Approval of Enterprise Agreement / Approval
Outcome
Application approved.
Legal Topics
['enterprise Agreement Approval' 'variation of Enterprise Agreement' 'no Net Detriment Test' 'duress']
['industrial Relations' 'employment'] ['enterprise Agreement Approval' 'variation of Enterprise Agreement' 'no Net Detriment Test' 'duress']

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Procedural Posture

Application for Approval of Enterprise Agreement / Approval

Legal Issues

  1. 1 ['Whether the Lake Macquarie City Council Enterprise Agreement 2014 should be approved pursuant to section 43 of the Industrial Relations Act 1996.' "Whether the agreement complied with the relevant statutory requirements, the no net detriment test, was not entered into under duress, and complied with the Commission's principles for approval."]

Ratio Decidendi

The Commission was satisfied that the Agreement submitted for approval met all necessary tests, including statutory requirements, the no net detriment test, absence of duress, and the Commission's principles for approval; accordingly it approved the Agreement pursuant to section 43 of the Industrial Relations Act 1996 for the stated period.

Court Disposition

Application approved.

Orders

  • ['The Lake Macquarie City Council Enterprise Agreement 2014 is approved pursuant to section 43 of the Industrial Relations Act 1996 to apply for a period of three years from 1 July 2015 to conclude on 1 July 2018.']