Power Serve Pty Ltd Enterprise Agreement 2004 [2005] NSWIRComm 75

The Commission was satisfied that the application demonstrated that the Agreement complied with all necessary tests and had the genuine consent of the parties, and therefore approved the Power Serve Pty Ltd Enterprise Agreement 2004.

Jurisdiction: Australia
Judgment Date: 09 March 2005
Procedural Posture: Application for Approval of Enterprise Agreement / Decision After Hearing
Outcome: Application granted; enterprise agreement approved.
Legal Topics: ['enterprise Agreement Approval' 'no Net Detriment Test' 'genuine Consent' 'electrical, Electronic and Communication Contracting Industry (state) Award 318 IG 645']

['industrial Relations' 'employment Law'] ['enterprise Agreement Approval' 'no Net Detriment Test' 'genuine Consent' 'electrical, Electronic and Communication Contracting Industry (state) Award 318 IG 645']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Approval of Enterprise Agreement / Decision After Hearing

Legal Issues

1 ['Whether the Power Serve Pty Ltd Enterprise Agreement 2004 complied with the relevant statutory requirements for approval.' 'Whether the agreement satisfied the no net detriment test and was not entered into under duress.' 'Whether the agreement had the genuine consent of the parties.']

Ratio Decidendi

Court Disposition

Application granted; enterprise agreement approved.

Orders

['The Power Serve Pty Ltd Enterprise Agreement 2004 is made in accordance with the application to take effect on and from 25 February 2005 and remain in force for a period of 2 years therefrom.']