Select Page

The Fair Work Commission can also help employers and workers who are embarking on the “New Approaches” program. Learn more about the new approaches on the Fair Labour Commission website. In the areas of construction, forestry, shipping, mining and energy union/Hay Point Services Pty Ltd (2018) 282 IR 228 at [9], the Federal Court of Justice stated: that: In considering the terms of an enterprise agreement that allows an employer to charge adequate overtime, the Federal Court of Justice ruled that the increase in the number of overtime hours by the employer could constitute a violation of the agreement.1 Senior Partner Tarsha Gavin and Lawyer Millie Grant registered contracts apply until they are terminated or replaced. The Tribunal considered an earlier decision (Amcor2) which stated that the interpretation of enterprise agreements should not be strict, but that it would contribute to a “reasonable industrial outcome.” Given that the agreement was reached under the Fair Work Act 2009 (Cth), it should be considered that the agreement is consistent with the law. Given that national employment standards (NES) limit the maximum working time of workers, it should be considered that the limitation imposed on HPS was the only “reasonable industrial result”. Melbourne and LondonBHP Billiton have reached an agreement with Queensland coal unions on a new three-year enterprise contract. The agreement covers 2,000 employees at seven mines in central Queensland and the Hay Point coal terminal, managed by bHP Billiton Mitsubishi Alliance. In accordance with the authorities, the review of C.16.7 should include the text of the clause, the agreement as a whole, the legal framework and the history of the clause. In the event of current applications, the links below provide access to the agreement or amendment.

These published documents are usually published within 3 business days of publication. Please include your name, number and name of agreement. A team member must contact you within 2 business days. If your application has already been filed, you can verify the status of your contract by sending an email to the Commission`s team for the agreements. The list of applications includes the applicant`s number, the name of the agreement, the title of the agreement, economic activity, the date the application was filed, the approval or difference of the application, and the status of the application. If a job has a registered contract, the premium does not apply. However, the starting point for the interpretation of an enterprise agreement is the usual meaning of the words, read as a whole and in the context: City of Wanneroo v Holmes [1989] FCA 369; (1989) 30 IR 362 to 378 (French J). The interpretation “… addresses the language of each agreement, understood in the light of its industrial context and its objective …¬†Amcor Limited v Construction, Forestry, Mining and Energy Union [2005] HCA 10; 222 CLR 241 to [2] (Gleeson CJ and McHugh J). Words should not be interpreted in a vacuum separate from industrial realities (Holmes with 378); on the contrary, industrial agreements are concluded for different industrial sectors, taking into account customs and working conditions, and they are often taken in terms understandable to the parties, but without the careful attention to form and construction expected to be found in an Act of Parliament (Holmes 378-9, referring to Geo A Bond – Co Ltd (in liq) v McKenzie [1929] AR (NSW) 498 to 503 (Street)J). Similarly, it was said that the authors of these documents probably had a “suspicion of practicality” and that they might have instead sought to: to express an intention that could be understood in the sector concerned as having legal kindness and jargon, so that a specific design approach is appropriate and a narrow or pedatant approach has no place: see Kucks/CSR Limited (1996) 66 IR 182 to 184 (Madg).

Shop Distributive and Allied Employees` Association v Woolworths SA Pty Ltd [2011] FCAFC 67 to [16] (Marshall, Tracey and Flick JJ); Amcor at [96] (Kirby J).