Interpretation of Modern Awards

From: Van Efferen v CMA Corporation Limited [2009] FCA 597 Guidance as to the construction of industrial instruments may also be obtained by reference to principles which courts apply to the construction of commercial contracts.  Commercial contracts should, as Kirby J held in Pan Foods Company Importers & Distributors Pty Ltd v Australia and New […]

Award coverage: managers and supervisors

I am satisfied, on the basis of the evidence adduced in relation to the nature of the work that Ms Todd was employed to do, that the principal purpose of her role of Drill and Blast Engineer was to supervise the drilling and blasting function at the Tarrawonga and Rocglen Mines, including the direct supervision […]

Does an award apply to your employment?

There are various circumstances in which it is necessary to determine whether a modern award applies to employment. Self-evidently that is the case when seeking to check entitlements and it is also critical for employees whose earnings exceed  the high income threshold but need to know whether they are protected from unfair dismissal. Here is […]

Coverage of modern awards

In TWU v Coles (2013) FCAFC 148 the Full Court of the Federal Court stated that the test for determining whether a modern award applied, “is to discern the objective meaning of the words bearing in mind the context in which they appear and the purpose they are intended to serve”………..The test in TWU v […]