Interpretation of agreements page 1 of 29

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


Agreement did not make work "voluntary": Court

The MUA has failed to convince a Federal Court judge that stevedores are owed for days lost through strikes because their agreement supposedly guaranteed 30 hours a week pay once they reached an annual threshold, whether they worked or not.

HR team "should have known better": FWC bench

A FWC full bench has slammed a public health provider's HR team for its "inappropriate" response to queries about late payment of 'nauseous work' and education allowances for an estimated 220 employees, concluding that the delay amounted to an underpayment capable of attracting a penalty.

Employee ineligible for second PPL period: FWC

The FWC has found a worker ineligible for paid parental leave for her second child because she only returned to work for six and a half months before the second period of intended leave, rather than the 12 months that her enterprise agreement required.


"Well-intentioned" department fined over 2016 teacher sacking

A former public school teacher has been awarded $10,500 in penalties after pursuing the ACT's education department through the courts for more than seven years over allegations it unlawfully dismissed her, breaching its agreement's job security terms.

FWC member sharpens "shiftworker" definition

A senior FWC member has delved into arbitral history to offer his own definition of a 'seven day shiftworker' after expressing frustration that there is no "simple" or "unambiguous" description of the term in the many awards it is employed.

Bench confirms "fetters" on employer's workforce

Svitzer has failed to convince a FWC full bench that it has an "unfettered" right to choose which category its employees fall into regardless of operating procedures at five ports.

BHP changed housing regime to axe workers' tenancy rights: Bench

A FWC full bench has upheld a ruling that BHP must continue to deduct a $60 weekly housing subsidy from remote mineworkers' pay, saying that the company halted the deductions to remove tenancy rights, rather than as an "act of gratuitous generosity".

FWC affirms "modest" paid leave for paramedic

WA's St John Ambulance has failed to convince the FWC that its agreement requires paramedics who are not the primary carer of a child to clock up a full year of employment before they can access eight days paid leave after a birth or adoption.

Road sense absent in contractor case: Court

A judge has lamented the shortage of "common sense" on display in a case in which a union contends a government agency breached its agreement's secure jobs and consultation provisions when it engaged a roadworks contractor.