Interpretation of agreements page 1 of 19

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


Mondelez influence felt in tribunal leave ruling

The FWC has found "persuasive" the High Court's reliance in Mondelez on ordinary hours to calculate entitlements, dumping a union's attempt to win more annual leave for council waste and recycling workers.

Tribunal clarifies definition of "emergency" carer's leave

After revoking a finding that a worker was entitled to carer's leave as his mother could not look after his children due to COVID-19 concerns, the FWC has found he met the bar for only one day and can "split the different" on repaying the rest.

Qantas defeats claim for bigger redundancy payouts

In holding that Qantas need not include prior service with related entities or casual employment when calculating flight attendants' redundancy entitlements, a senior FWC member has accused the FAAA of "cherry picking" to try to prove otherwise.

FWC's arbitral powers not altered by side deals: Court

The Federal Court has held that a deal struck outside of an enterprise agreement cannot alter the FWC's jurisdiction to arbitrate, and nor do workers need to re-start dispute processes when a new agreement is approved.

FWC bench didn't "grapple" with conflicting terms: Full court

An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.


Judge declines recusal request as employer appeal dismissed

A full Federal Court has confirmed that 150 workers were entitled to be paid for the 20-minute bus ride to a major energy project's security gate at the end of each shift, after one of the judges rejected a request to recuse himself because he had acted for the employer during negotiations for the deal at the heart of the dispute.


Proposed library changes can't be read into deal: FWC

The FWC has rejected a proposal by Australia's oldest library to split employees' roles into front or back-of-house, pointing out that it couldn't "contradict" changes contained in its nominally-expired deal without varying, terminating or renegotiating the agreement.