Resolving disputes under Enterprise agreements

“Jajoo (ING Administration Pty Ltd v Jajoo, Ramsin [2007] AIRC 773 is authority for the finding that if an employee…

Read More →

Masterclass; does an enterprise agreement or modern award apply?

The question whether a modern award or enterprise agreement applies to an employee’s employment is important for two reasons. The…

Read More →

How is the BOOT test applied?

“In any event, employees who work patterns of work which differ from the assumptions in the typical rosters may be…

Read More →

A shot across the bow for local government practitioners; what has an EA got to do with it?

I am often advised by a local government client, or a former employee of a local government, that their workplace…

Read More →

Putting the genie back in the bottle; how to interpret dubious EA clauses

Many employment disputes arise over what a term or clause in an industrial instrument, for example an enterprise agreement, means….

Read More →

Terminating enterpise agreements after nominal expiry; is this now a bargaining tool?

Until recently, the Fair Work Commission has been reluctant to terminate an enterprise agreement which has passed its nominal expiry…

Read More →

Tongue in cheek or cheeky attempt to by employer fails

By rejecting what can only be thought to be an ambitious (maybe even tongue in cheek) attempt by an employer,…

Read More →

Drawing a line in the sand; past conduct as an aid to construing EAs

What is the relevance of the parties’ past conduct and understanding when it comes to interpreting a disputed clause in…

Read More →

Labour hire company gets right royal bollocking from FWC

Under the Fair Work Act, a collective enterprise agreement, which most readers of my posts will know can be registered…

Read More →

Masterclass; what is the public interest when terminating enterprise agreements?

How should the Fair Work Commission approach the issue of determining whether it is in the public interest to grant…

Read More →