Interpretation of agreements page 4 of 14

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


BHP cleared to make "lifestyle" roster changes

The FWC has affirmed BHP's right to introduce roster changes recognising "lifestyle arrangements" and made a call on what constitutes "significant" support for them, after the CFMMEU failed to establish that an agreement clause only allows for bottom-up instigation.

Leading IR academic accuses law school head of bullying

An IR academic and a law lecturer who accused the head of La Trobe University's Law School of bullying have failed to convince the Federal Court to suppress their names in his legal challenge to an investigation into their complaints, the judge finding their identities had already been revealed by an industry publication.

Bench throws out "ersatz" bid to quash Woolies deal

RAFFWU is yet to concede defeat on a bid to quash Woolworths' 2012 agreement, after an FWC full bench threw out its challenge to the approval of the retailer's replacement deal and accused it of trying to deprive some team members of an allowance "merely to aid" its termination application.


Nothing "repugnant" about future deals clause: Bench

A major civil construction company has successfully toppled an FWC full bench finding that its proposed agreement unlawfully allowed workers to be covered by future deals ahead of its nominal expiry date.

Judgment highlights primacy of deal's intellectual freedom clause

James Cook University is fighting back against a Federal Circuit Court finding that it unlawfully sacked an academic who criticised prominent climate research, while the NTEU has welcomed a finding that the institution's code of conduct is "subordinate" to an intellectual freedom clause in its agreement.

Stopworks not unlawful industrial action: Full Court

A full Federal Court has upheld a finding that agreement-sanctioned union stopwork meetings can be freely used to delay and disrupt business as part of a campaign strategy, but has increased fines for the CFMMEU's coercion of head contractor Hutchison by almost 30%.

Employer not required to pay idle workers at fire-damaged mill: FWC

A Tasmanian wood mill operator that stood down its workforce after this year's bushfires has established that even though its agreement requires workers to be paid for time lost due to such natural events, it does not have to pay them if it is because of bushfire-damaged machinery.

Job security link permits FWC to rule on casual conversion clause

A large pharmaceutical company is obliged to convert labour hire workers to permanent positions after a year's continuous employment, the FWC ruling that the relevant agreement clause was a permitted matter because it promoted job security.

Error-stricken air traffic controller's dismissal stayed

The FWC has halted the dismissal of an air traffic controller who in the space of two months assigned the wrong runway and "lost" separation of aircraft at Sydney Airport, finding that "questions of fact" around the employer's obligation to manage his performance needed to first be settled.