How to interpret enterprise agreements

Although enterprise agreements are in a sense a statutory instrument, by which I mean that a breach can constitute a…

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Interpreting enterprise agreements; the principles

What are the legal principles which apply when interpreting an enterprise agreement? Here is an answer. “Principles of Construction The…

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Sale of business and enterprise agreements

Under the Fair Work Act, an enterprise agreement will continue to apply to regulate the minimum terms and condition of…

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Modern awards and enterprise agreements in the fair work system

The issue of whether a modern award, or for that matter an enterprise agreement,  covers the terms of employment of…

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Unfair dismissal; who is protected?

An employee whose income exceeds the high income threshold (currently $142,000) is not protected under the Fair Work Act from…

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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…

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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…

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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…

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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…

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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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