Interpretation of agreements page 22 of 29

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



"Industrially unsound" result in case scuttled by friendly fire

In a decision where the employer's case was embarrassingly "scuttled" by its own witness, a senior FWC member has found that Ausgrid failed to inform four safety specialists during job interviews that they wouldn't be receiving an allowance due to them under the relevant agreement.

Two jobs don't add up to overtime: Court

In a significant decision on multi-hiring arrangements, a court has ruled that an Australia Post employee holding two "separate and distinct" part-time positions could not base overtime and other entitlements on combined hours.

BHP subsidiary's direction not reasonable: Tribunal

In a novel decision on the need to consider alternative duties for incapacitated workers, the FWC has found an agreement clause requiring directions to be reasonable trumped BHP Coal's common law right to refuse to allow a mineworker to perform only part of his job.

Court lowers bar for roster allowances

Employers are not automatically entitled to reduce roster allowances when working hours fall below an agreement's "indicative" threshold, a court has found.


ASU to fight hot desking push

The ASU is appealing a finding that the ATO can require employees to 'hot desk' regardless of whether they perform field work, the union arguing it wouldn't have endorsed the 2017 agreement if it had been made aware of the agency's intention.

FWC bench made "significant error", but was not biased: Court

An FWC full bench's decision to refuse an employer's appeal might have involved a significant procedural error, but a senior member's "terse" exchange with the company's counsel did not support a charge of bias, a court has found.

Employer has right to modify shift penalty arrangements: Bench

An FWC full bench has quashed a finding that the terms of CSL's agreement did not empower the Commission to resolve a dispute about the payment of shift penalties, holding that the deal does not stop the employer moving from an averaging system to a "time worked" regime.

Sub-1% workforce cut not a "major workplace change": Court

The Federal Court has dismissed the nursing union's bid to stop Bupa cutting jobs, finding that 23 potential redundancies in a workforce of 3000 did not constitute a "major" change that would trigger an agreement's consultation clause.