When to imply terms into EAs

“Long Service leave is obliged to be granted to employees in Victoria under the Long Serve Leave Act 1992. Leave…

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Ambiguity in the Fair Work Commission

In an extraordinary decision, the Fair Work Commission has refused to accept, in a determinative conference held to determine a…

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How to interpret an enterprise agreement and EA consultation obligations

“In giving consideration to this issue, we are guided by the most recent High Court authority Amcor Ltd v. CFMEU….

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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….

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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,…

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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…

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Masterclass; interpreting contracts and agreements including in employment

One of the most common causes of legal disputes, right up there with personality clashes and egos and so forth,…

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Jump the gun; cannot interpret agreement by subsequent conduct

A Full Federal Court has upheld an appeal from a single justice who had interpreted a contract on the basis…

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How to read an enterprise agreement

The principles relating to the construction of enterprise agreements have recently been the subject of consideration by a Full Bench…

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Interpreting industrial instruments

A recent decision of the Federal Court illustrates the technical nature of award or enterprise agreement interpretation and emphasized that…

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