Midcoast County Council Enterprise Agreement 2012 [2012] NSWIRComm 130

Midcoast County Council Enterprise Agreement 2012 [2012] NSWIRComm 130

The Commission was satisfied that the material presented adequately demonstrated that the Agreement complied with all necessary tests, and therefore approved the Midcoast County Council Enterprise Agreement 2012 and terminated the Midcoast County Council Enterprise Agreement 2007 which it replaced.

Jurisdiction
Australia
Judgment Date
20 November 2012
Procedural Posture
Application for Approval of Enterprise Agreement / Decision on Approval
Outcome
Agreement approved
Legal Topics
['enterprise Agreement Approval' 'no Net Detriment Test' 'termination of Previous Enterprise Agreement']
['industrial Relations'] ['enterprise Agreement Approval' 'no Net Detriment Test' 'termination of Previous Enterprise Agreement']

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Procedural Posture

Application for Approval of Enterprise Agreement / Decision on Approval

Legal Issues

  1. 1 ['Whether the Midcoast County Council Enterprise Agreement 2012 should be approved.' 'Whether the agreement complied with the relevant statutory requirements, the no net detriment test, was not entered into under duress, and complied with the principles for approval determined by the Commission.' 'Whether the Midcoast County Council Enterprise Agreement 2007 should be rescinded, replaced and terminated.']

Ratio Decidendi

The Commission was satisfied that the material presented adequately demonstrated that the Agreement complied with all necessary tests, and therefore approved the Midcoast County Council Enterprise Agreement 2012 and terminated the Midcoast County Council Enterprise Agreement 2007 which it replaced.

Court Disposition

Agreement approved

Orders

  • ['The Midcoast County Council Enterprise Agreement 2012 is approved in terms of the application to apply from the first full pay period on or after 1 November 2012 and will remain in force until 31 October 2015.' 'The Midcoast County Council Enterprise Agreement 2007 is rescinded and replaced by the Agreement now...