New South Wales Institute of Sport Enterprise Agreement 2023 - 2024 [2023] NSWIRComm 1030

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Institute of Sport Enterprise Agreement 2023 - 2024 [2023] NSWIRComm 1030 Hearing dates: 19 January 2023, 22 March 2023 and on the papers Date of orders: 14 April 2023 Decision date: 14 April 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: (1) The New South Wales Institute of Sport Enterprise Agreement 2023- 2024 is approved in accordance with s 35 of the Industrial Relations Act 1996 (NSW) and will apply, in accordance with cl 24 of the Agreement, from 1 January 2023 and will remain in force until 31 December 2024 unless otherwise varied or rescinded. (2) The Industrial Registrar is directed to enter the New South Wales Institute of Sport Enterprise Agreement 2023-2024 in the register of approved enterprise agreements. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Approval and creation — Public Service executive agency as employer — employees parties to the enterprise agreement– meaning of State award in s 35(1) of Industrial Relations Act 1996 — application of State awards — Principles for approval of enterprise agreements — application of no net detriment test — enterprise agreement approved Legislation Cited: Anti-Discrimination Act 1977 Fair Work Act 2009 (Cth), ss 13, 14, 30C, 30D and 30M. Government Sector Employment Act 2013 (NSW), ss 3, 20, 22, 31, 50, 59 and Sch 1 Government Sector Employment (General) Rules 2014, r 10(1) Government Sector Employment Regulation 2014 Industrial Relations Act 1996 (NSW), ss 3(g), 28A, 31, 32, 33, 34, 35, 36, 37, 38, 45 and 169(1) Industrial Relations Commission Rules 2022, r 6.9 Industrial Relations (Commonwealth Power) Act 2009 (NSW), ss 3, 5 and 6(b) Industrial Relations (General) Regulation 2020, reg 4 Institute of Sport Act 1995 (NSW), ss 4(1), 17A Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005 Texts Cited: Government Sector Employment (General ) Rules 2014 (NSW) Category: Principal judgment Parties: NSW Industrial Relations Secretary on behalf of the Institute of Sport Staff Agency (applicant) Chris Yeomans and 91 others (respondents) Representation: Wayne Earl (applicant) Chris Yeomans (respondents) File Number(s): 2022/362343 Publication restriction: Nil