TransGrid Employee Agreement 2008 [2009] NSWIRComm 95
The Commission was satisfied that the material presented adequately demonstrated that the TransGrid Employee Agreement 2008 complied with all necessary tests, and therefore approved it in the terms of the application.
- Jurisdiction
- Australia
- Judgment Date
- 19 June 2009
- Procedural Posture
- Application for Approval of an Enterprise Agreement / Hearing on 19 June 2009
- Outcome
- Application granted; TransGrid Employee Agreement 2008 approved.
- Legal Topics
- ['enterprise Agreement Approval' 'referral Agreement Pursuant to S 146 A' 'no Net Detriment Test' 'wages and Conditions of Employment']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Approval of an Enterprise Agreement / Hearing on 19 June 2009
Legal Issues
- 1 ['Whether the Commission should approve the TransGrid Employee Agreement 2008 pursuant to the referral agreement under s 146A of the New South Wales Industrial Relations Act 1996.' 'Whether the Agreement complied with the relevant statutory requirements, the no net detriment test, was not entered into under duress, and complied with the principles for approval determined by the Commission.']
Ratio Decidendi
The Commission was satisfied that the material presented adequately demonstrated that the TransGrid Employee Agreement 2008 complied with all necessary tests, and therefore approved it in the terms of the application.
Court Disposition
Application granted; TransGrid Employee Agreement 2008 approved.
Orders
- ['The TransGrid Employee Agreement 2008 is approved in the terms of the application with effect from 19 June 2009 to remain in force until 1 December 2010, and as such is an industrial instrument enforceable pursuant to the Industrial Relations Act 1996.']
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