Macquarie Generation Employees (State) Award 2002 [2005] NSWIRComm 197

Macquarie Generation Employees (State) Award 2002 [2005] NSWIRComm 197

Because the parties consented to the deletion of sub-clauses 19.10 and 19.11 and agreed to preserve the relevant ill-health retirement benefit through an enterprise agreement, and because the Commission was satisfied the variation met the requirements of the legislation, the award was varied in the terms of the application with effect from 3 June 2005.

Jurisdiction
Australia
Judgment Date
08 June 2005
Procedural Posture
Application for Variation of Award / Decision
Outcome
Award varied by consent.
Legal Topics
['award Variation' 'sick Leave and Accident Pay' 'ill Health Retirement' 'enterprise Agreement' 'industrial Relations Act 1996 S 27']
['industrial Relations' 'employment Law'] ['award Variation' 'sick Leave and Accident Pay' 'ill Health Retirement' 'enterprise Agreement' 'industrial Relations Act 1996 S 27']

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Procedural Posture

Application for Variation of Award / Decision

Legal Issues

  1. 1 ['Whether the Macquarie Generation Employees (State) Award 2002 should be varied by deleting sub-clauses 19.10 and 19.11 of clause 19, Sick Leave and Accident Pay.' 'Whether the agreed variation met the requirements of the Industrial Relations Act 1996.']

Ratio Decidendi

Because the parties consented to the deletion of sub-clauses 19.10 and 19.11 and agreed to preserve the relevant ill-health retirement benefit through an enterprise agreement, and because the Commission was satisfied the variation met the requirements of the legislation, the award was varied in the terms of the application with effect from 3 June 2005.

Court Disposition

Award varied by consent.

Orders

  • ['The Macquarie Generation Employees (State) Award 2002 is varied by deletion of sub-clauses 19.10 and 19.11 of clause 19, Sick Leave and Accident Pay.' 'The variation has effect from 3 June 2005.']