Interpretation of agreements page 1 of 20

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


Department must consult on dress standards, social media: FWC

The Department of Home Affairs has failed to convince the FWC it was not obliged to consult workers before introducing new policies governing social media use, interactions with children and a dress code deeming sleeveless clothing "unsuitable".

FWC shoots down COVID-19 "one employer policy"

The FWC has shot down an aged care home's "one employer policy" introduced in the chaotic early days of the COVID-19 pandemic, ordering it to re-engage a part-time musical therapist jettisoned after she continued to work at three other facilities.

Scientist's redundancy a sad case of economic rationalism: Judge

A judge has taken an unsparing swipe at "economically rationalist management policy" in considering an eminent CSIRO scientist's challenge to his redundancy, bemoaning a selection process based on candidates' capacity for "external revenue generation".

BHP Coal slugged after "taking the odds" on overtime breach

A judge has in imposing penalties on BMA factored in that management overseeing one of its a coal-loading facilities "took the odds" after being warned they were breaching its agreement by requiring workers to perform 455 overtime hours a year.


BHP could not conceal awkward purpose of meeting: FWC

A BHP worker accused of failing to cooperate with COVID-19 temperature screening should have been told before a meeting that it wanted to question him separately over a colleague's alleged misconduct, but the FWC says the employer did not need to reveal the investigation involved his support person.

Labour hirers not "exempt" from redeployment obligations: FWC

A FWC member has resisted criticising labour hire company Workpac for mishandling the redundancies of five mine workers due to "extraordinary" COVID-19 circumstances but expressed disbelief at resource giant South32's ignorance of its supplier's statutory obligations.

Not our place to decide whether police transfers fair: FWC

The FWC has expressed sympathy for four police officers facing transfers after they belatedly learned their time in a specialist s-x offenders unit would be capped, but has ruled it lacks power to arbitrate the matter.

FWC's arbitral powers maintained under inherited deal: Full court

In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.

Tribunal offers blueprint for COVID-19 consultation

The FWC has given Santos, and AWU and the AMWU a recommended framework for consulting over pandemic-related proposals such as quarantining, suggesting they discuss current disputes concerning the gas giant's Cooper Basin workforce with a view to putting it into practice.