Newcastle Trades Hall Council v Westfield Design & Contruction Pty Ltd re Kotara Shopping Centre Expansion Project [2006] NSWIRComm 259

The Commission concluded that the consent Project Award reflected a fair and reasonable resolution of the dispute and made the order by consent, applying from 17 March 2006 until project completion.

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 10 August 2006
Procedural Posture: Industrial Dispute Notification / Final Determination
Outcome: Dispute resolved by consent; Project Award made to apply until project completion
Legal Topics: ['dispute Resolution' 'project Award' 'productivity Allowance' 'terms of Employment']

['industrial Relations'] ['dispute Resolution' 'project Award' 'productivity Allowance' 'terms of Employment']

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Procedural Posture

Industrial Dispute Notification / Final Determination

Legal Issues

1 ['Whether the parties reached a fair and reasonable agreement in settlement of the industrial dispute concerning the Kotara Shopping Centre Expansion Project' 'Whether the Commission has jurisdiction to make the consent Project Award under s 146A of the Industrial Relations Act 1996']

Ratio Decidendi

The Commission concluded that the consent Project Award reflected a fair and reasonable resolution of the dispute and made the order by consent, applying from 17 March 2006 until project completion.

Court Disposition

Dispute resolved by consent; Project Award made to apply until project completion

Orders

['The Project Award is made by consent to apply from 17 March 2006 until practical completion of the Project as defined in the Project Award' 'Proceedings in Matter No IRC 1275 of 2006 are concluded']

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