Dismissals, implied terms and modern awards

Until 2o17 in Australia, common law courts tended to rule that minimum conditions of employment provided for by industrial awards  were incorporated into contracts of employment by implication (or assumed to be by unexpressed intention) and consequently it was technically possible for a breach of contract claim to be based inter alia upon the provisions of an applicable award. This was regarded on occasions as a benefit to an employee because a breach of an employment contract claim might include a claim for damages for unfair dismissal where an award prohibited dismssals which were harsh, unjust and unreasonable, as many did.

However in Bryne v Australian Airlines Ltd (1995) 185 CLR 410 the High Court held that industrial awards are not to be regarded as being incorporated into awards without the express consent of the parties.

And see http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/wa/WAIRComm/2015/244.html