Port Waratah Coal Services Enterprise Agreement 2002 [2002] NSWIRComm 249

Port Waratah Coal Services Enterprise Agreement 2002 [2002] NSWIRComm 249

The Commission was satisfied that the material presented adequately demonstrated that the agreement complied with all necessary tests, and all parties to the agreement consented to it; therefore the agreement was approved.

Jurisdiction
Australia
Judgment Date
24 September 2002
Procedural Posture
Application for Approval of an Enterprise Agreement / Decision
Outcome
The Port Waratah Coal Services Limited Enterprise Agreement 2002 was approved.
Legal Topics
['enterprise Agreement Approval' 'no Net Detriment Test' 'duress' 'statutory Requirements for Approval']
['industrial Relations' 'employment Law'] ['enterprise Agreement Approval' 'no Net Detriment Test' 'duress' 'statutory Requirements for Approval']

Case Brief

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Procedural Posture

Application for Approval of an Enterprise Agreement / Decision

Legal Issues

  1. 1 ['Whether the Port Waratah Coal Services Limited Enterprise Agreement 2002 should be approved.' "Whether the agreement complied with the relevant statutory requirements, satisfied the no net detriment test, was not entered into under duress, and complied with the Commission's principles for approval."]

Ratio Decidendi

The Commission was satisfied that the material presented adequately demonstrated that the agreement complied with all necessary tests, and all parties to the agreement consented to it; therefore the agreement was approved.

Court Disposition

The Port Waratah Coal Services Limited Enterprise Agreement 2002 was approved.

Orders

  • ['The Port Waratah Coal Services Limited Enterprise Agreement 2002 is approved in the terms of the application, with effect from 22 August 2002, with retrospective effect as to wages and allowances from the first pay period on or after 1 August 2002; to remain in force for a period of two years therefrom.']