On 9 April 2025, Commissioner McDonald and Commissioner Muir held a seminar at the Commission titled: “Applying for Awards and Enterprise Agreements by Consent: Filing the Required Documents”. The seminar is available to view here.
Commissioner Muir discussed the relevant rules that govern the making of consent Awards, namely Pt 1 of Ch 2 of the Industrial Relations Act 1996, Pt 6 of the Industrial Relations Commission Rules 2022, Practice Note No. 6, the Award Making Principles made in State Wage Case 2024 (No 4) [2024] NSWIRComm 25, and in particular aspects of those rules which are often overlooked by parties. The need for a consent application to be accompanied by an affidavit pursuant to r 6.8 and the Practice Note, and the content of that affidavit was discussed at some length. The Commission has now published a template for a supporting affidavit, together with an explanatory note, which will assist parties to comply with the various requirements for the approval of a consent award application. That template is available here.
Commissioner McDonald discussed the relevant rules that govern the making of Enterprise Agreements, namely Pt 2 of Ch 2 of the Industrial Relations Act 1996, r 6.9 of the Industrial Relations Commission Rules 2022, the Principles for Approval of Enterprise Agreements made in Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005, and discussed the checklist President Taylor published in State Super Enterprise Agreement 2024 – 2027 [2024] NSWIRComm 8. The Commission has now published a template for a supporting affidavit, together with an explanatory note, which will assist parties to comply with the various requirements for the approval of an enterprise agreement. That template is available here.
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