Interpretation of agreements page 3 of 17

163 articles are classified in All Articles > Agreements and bargaining > Interpretation of agreements


Company fails to block FWC intervention on pay downgrade

An employer that unilaterally reduced the classification levels of two workers previously handed a pay upgrade has failed to convince the FWC it had no power to intervene in a contractual issue "masquerading" as an enterprise agreement dispute.

FWC deep-dives on nature of work

The importance of 'choice versus direction' in determining whether employees are working or not has been highlighted in an FWC decision considering the case of boat masters and crew having their unpaid meal breaks interrupted to assist passengers on multi-day dive trips.

Bank not in deal breach despite IT worker's cloud-based fears

An IT specialist with a major bank has failed to persuade the FWC that deployment to a new cloud-first role represented an agreement breach because it placed unreasonable demands on his fading capacity to learn.


BHP Coal required unreasonable overtime: Court

The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.

FWC releases "business needs" brake on reclassification

The FWC has ordered aerospace company Boeing to promptly deal with a tradesperson's reclassification bid, finding the company's repeated refusal to do so in breach of its enterprise agreement.

Court makes crucial ruling on travel time

In a decision that could have employers re-thinking standard travel and hours terms in agreements, the Federal Court has found in favour of a CFMMEU-backed class action that argued workers should be paid for transit time between security gates and their worksite.

Bench rejects Minister's review of 'discriminatory' deal

An FWC full bench has rejected IR Minister Christian Porter's bid to review an already-approved agreement on the basis that it contains discriminatory terms, while it has allowed changes "entirely disposing" of any lingering ambiguities.

Big employer needed "open mind" on leave timing: Court

The Federal Court has fined Airservices Australia for consciously failing to consult workers before forcing them to take leave during a Christmas/New Year shutdown period, observing there was "no point" in doing so once they returned to work.

Split FWC bench upholds contentious labour hire deal

The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.