Przeskocz do treści

Interpretation Of Enterprise Agreements

As a result, Full Bench stated that "a company agreement approved by the Commission must be interpreted without resorting to the AI Act". This decision confirms that the Fair Work Commission will take an advantageous and reasonable approach in the interpretation of industrial instruments. While the circumstances of the conclusion of an agreement – such as statements in negotiations, prior conduct and subjective intentions – may be taken into account in vagueness, these issues are not taken into account when a provision of the agreement has a clear meaning. While this dispute concerned the calculation of additional remuneration, it is a useful reminder for employers to carefully review the text of the agreements during the negotiation process and to avoid any assumption that the conditions previously in force in a staff will continue without explicit agreement. If you would like help interpreting or confusing, better yet, for the development of clear clauses, please contact us. "Finally, the problem of the poor design of company agreements often arises in the Commission`s procedures. The parties then naturally adopt interpretations that favour their interests and the refusal to compromise leads to such disputes. The evidence available to us for the negotiation of this agreement does not indicate that the obvious shortcomings in the drafting are due to difficult negotiations, in which this was the last case that was conceived or in which the parties tried to hide difficulties with a language vulnerable to mutually incompatible meanings, or another similar explanation.

Opublikowano Kategorie Bez kategorii