Interpreting employment instruments

Many of the cases which come before the Fair Work Commission, and the Federal Court and Federal Circuit Courts of…

Read More →

Disputes about industrial instruments

In a generic sense, an employment contract is an industrial instrument because it defines rights and obligations in the same…

Read More →

Interpreting employment contracts extrinsically

Much of my work involves advising employees and employers about disputes between them in relation to contractual entitlements. This is…

Read More →

Interpreting fair work and industrial instruments

Interpreting modern awards and enterprise agreements Many employment law cases hinge on the meaning to be ascribed to a clause…

Read More →

Interpreting employment contracts

Many of the cases which come before the industrial tribunals involve a dispute about the meaning of an employment contract….

Read More →

How to interpret employment contracts

How to interpret employment contracts “As I briefly touched upon at [52] above, the rights and liabilities of CSG and…

Read More →

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…

Read More →

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…

Read More →

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….

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 →