Murray Irrigation Enterprise Agreement 2001 [2003] NSWIRComm 24

Murray Irrigation Enterprise Agreement 2001 [2003] NSWIRComm 24

Orders for stand down are warranted given unprecedented drought conditions, consultation and consent of employees and union, and public interest. The stand down order is appropriate and made by consent.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 November 2002
Procedural Posture
Stand Down Order Application / Judgment
Outcome
application granted
Legal Topics
['stand Down of Employees' 'enterprise Agreements' 'redundancy' 'consultation' 'public Interest']
['industrial Relations'] ['stand Down of Employees' 'enterprise Agreements' 'redundancy' 'consultation' 'public Interest']

Source-derived case record

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Procedural Posture

Stand Down Order Application / Judgment

Legal Issues

  1. 1 ['Whether stand down orders should be granted under s126 of the Industrial Relations Act 1996 due to drought conditions' 'Whether the agreement reached with employees and union supports the application']

Ratio Decidendi

Orders for stand down are warranted given unprecedented drought conditions, consultation and consent of employees and union, and public interest. The stand down order is appropriate and made by consent.

Court Disposition

application granted

Orders

  • ['Murray Irrigation Limited may stand down employees with or without pay for any day employees cannot be usefully employed because of drought.' 'Consultation with employees must occur before exercising stand down rights as per Agreement clause 10.9.2.' 'Employees stood down are treated as maintaining continuity of...