Mid-Western Regional Council (Supported Employees) Enterprise Agreement 2015 [2015] NSWIRComm 1024

Mid-Western Regional Council (Supported Employees) Enterprise Agreement 2015 [2015] NSWIRComm 1024

The Commission approved the Agreement because the material presented, including the Statement of Particulars, affidavit, evidence of consultation and negotiations, and the Union's endorsement, adequately demonstrated compliance with all necessary approval tests.

Jurisdiction
Australia
Judgment Date
25 November 2015
Procedural Posture
Application for Approval of an Enterprise Agreement / Approval Hearing
Outcome
Agreement approved
Legal Topics
['enterprise Agreement Approval' 'supported Employees' 'consultation With Union, Employees and Parents or Guardians' 'no Net Detriment Test' 'anti Discrimination Compliance']
['industrial Relations' 'employment Law'] ['enterprise Agreement Approval' 'supported Employees' 'consultation With Union, Employees and Parents or Guardians' 'no Net Detriment Test' 'anti Discrimination Compliance']

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Procedural Posture

Application for Approval of an Enterprise Agreement / Approval Hearing

Legal Issues

  1. 1 ['Whether the Mid-Western Regional Council (Supported Employees) Enterprise Agreement 2015 should be approved under s 35 of the Industrial Relations Act 1996.' 'Whether the proposed Agreement complied with relevant statutory requirements, including the Anti-Discrimination Act 1977 and the No Net Detriment Test.' 'Whether negotiations and consultation included the Union, employees to be covered, and their parents or guardians.']

Ratio Decidendi

The Commission approved the Agreement because the material presented, including the Statement of Particulars, affidavit, evidence of consultation and negotiations, and the Union's endorsement, adequately demonstrated compliance with all necessary approval tests.

Court Disposition

Agreement approved

Orders

  • ['The Mid-Western Regional Council (Supported Employees) Enterprise Agreement 2015 is approved pursuant to s 35 of the Industrial Relations Act 1996 to apply for a nominal term of three (3) years on and from 25 November 2015.']