Perilya Broken Hill Limited Enterprise Agreement 2002 [2002] NSWIRComm 82

Perilya Broken Hill Limited Enterprise Agreement 2002 [2002] NSWIRComm 82

The Commission approved the Perilya Broken Hill Limited Enterprise Agreement 2002 because it was satisfied that the statutory requirements and the Commission's Enterprise Agreement Principles had been met, there was no net detriment to employees, the parties understood the effect of the agreement, the agreement was not entered into under duress, and strong public interest considerations supported approval.

Jurisdiction
Australia
Judgment Date
19 April 2002
Procedural Posture
Application for Approval of an Enterprise Agreement / Decision Approving Enterprise Agreement
Outcome
Enterprise agreement approved.
Legal Topics
['enterprise Agreement Approval' 'broken Hill Mining Industry' 'no Net Detriment' 'disputes Procedure' 'public Interest']
['industrial Relations'] ['enterprise Agreement Approval' 'broken Hill Mining Industry' 'no Net Detriment' 'disputes Procedure' 'public Interest']

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Procedural Posture

Application for Approval of an Enterprise Agreement / Decision Approving Enterprise Agreement

Legal Issues

  1. 1 ["Whether the Perilya Broken Hill Limited Enterprise Agreement 2002 met the statutory requirements and the Commission's Principles for approval of enterprise agreements." 'Whether there was no net detriment to employees otherwise bound by the relevant Award.' 'Whether the parties understood the effect of the agreement and entered it without duress.' 'Whether public interest considerations supported approval of the agreement.']

Ratio Decidendi

The Commission approved the Perilya Broken Hill Limited Enterprise Agreement 2002 because it was satisfied that the statutory requirements and the Commission's Enterprise Agreement Principles had been met, there was no net detriment to employees, the parties understood the effect of the agreement, the agreement was not entered into under duress, and strong public interest considerations supported approval.

Court Disposition

Enterprise agreement approved.

Orders

  • ['Pursuant to s35 of the Industrial Relations Act 1996, the Perilya Broken Hill Limited Enterprise Agreement 2002 is approved in terms of the application filed.' 'The agreement shall take effect from 19 April 2002 and remain in force for a period of three years thereafter.' 'These proceedings are concluded.']