Enterprise Agreement Interpretation Berri

In this regard, the CFMEU appealed the decision authorizing the Pyramid Group Enterprise Agreement 2017. After the agreement was submitted, the CFMEU contacted the Commission, expressed doubts about the agreement and requested access to forms F16 and F17 as well as a copy of the communication on representation rights. The agreement was approved without consultation with the CFMEU. Following the decision, the Commission sent an e-mail to the CFMEU indicating that there had been an administrative error in the processing of the CFMEU correspondence, as the correspondence had not been brought to the Commissioner`s attention prior to the award of the decision. In submitting at Mr. Southon`s request, Full Bench found that the public interest in the administration of open justice satisfied that the CFMEU had access to the forms. The Full Bench found that the proceedings had been refused. The appeal was accepted. The respondent in other stated its intention to close the application for approval of the agreement. Treat the wording of the terms of a company agreement with the same diligence and precision as you would give the terms of a major commercial contract. The consequences of an error justify it. What has changed as a result of this decision is that statements to staff about the agreement and its effects before the vote will be key to interpreting company agreement clauses that are ambiguous.

In addition, after the approval of the agreement, the conduct of the parties will be relevant only if it reflects the meeting of minds on the subject. The real lesson to be learned from this case is that when renegotiating company agreements, you should not simply crush them. Make sure they are checked with fresh eyes to avoid unnecessary arguments. Before you rush to a court or tribunal with a dispute over the wording of a company agreement, it is important that you have a good understanding of the decision made at Berri and that it affects your argument. If your case is before the Fair Work Commission, you are supposed to look into the reflections set out in Berri (until this decision is modified by another decision). While the principles summarized in Golden Cockerel have actually been replicated and supplemented (with some reservations), it`s interesting to see how Full Bench is now highlighting the importance of what was said to employees covered by the agreement before the deal was concluded and how this extrinsic evidence likely prevailed over what was discussed in the negotiations…

(Visited 1 times, 1 visits today)

About The Author