NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: State Super Enterprise Agreement 2024-2027 [2024] NSWIRComm 8 Hearing dates: 5 September and 14 October 2024 Date of orders: 7 November 2024 Decision date: 07 November 2024 Jurisdiction: Industrial Relations Commission Before: Taylor J, President Decision: (1) The State Super Enterprise Agreement 2024-2027 is approved in accordance with s 35 of the Industrial Relations Act 1996 (NSW) and will commence operation in accordance with clause 5 of the Agreement and will remain in force until 30 June 2027, unless otherwise varied or rescinded. (2) The Industrial Registrar is directed to annex a copy of the Undertaking given by Mr John Livanas, Chief Executive Officer of State Super on behalf of State Super dated 24 September 2024, to the copy of the State Super Enterprise Agreement 2024-2027, and to enter the State Super Enterprise Agreement 2024-2027, complete with the annexed Undertaking in the register of approved enterprise agreements. Catchwords: ENTERPRISE AGREEMENT — Requirements for approval — Employees are party to the agreement — Not negotiated with an industrial association — Application sought approval of an agreement in different terms to that which was voted on — Incorrect information given to employees regarding scrutineering — Application of Principles for Approval of Enterprise Agreements — Undertaking given by applicant as to minimum rates — Checklist for the approval of enterprise agreements — Enterprise agreement approved Legislation Cited: Anti-Discrimination Act 1977 (NSW) Industrial Relations Act 1996 (NSW), ss 31, 33, 34, 35, 36, 36A, 37, 38, 39, 41, 42, 45 Industrial Relations Commission Rules 2022 (NSW), r 6.9 Cases Cited: New South Wales Institute of Sport Enterprise Agreement 2023-2024 [2023] NSWIRComm 1030 Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005 Category: Principal judgment Parties: Industrial Relations Secretary (on behalf of SAS Trustee Corporation Staff Agency) Applicant Representation: Solicitor: Ms E McGee for Industrial Relations Secretary (on behalf of SAS Trustee Corporation Staff Agency) File Number(s): 2024/238556 Publication restriction: Nil
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