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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Interpreting the coverage of modern awards

“‘Before turning to the specific grounds of appeal, it is useful to summarise the well settled principles to be applied…

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Interpreting employment instruments

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

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Disputes about industrial instruments

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

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Interpreting employment contracts extrinsically

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

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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…

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Interpreting employment contracts

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

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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…

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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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