The decision of the High Court of Australia in the Electrolux case against The Australian Workers` Union has highlighted an important legal issue regarding company agreements. The question was what these industrial instruments could cover. The Australian Labour Relations Board ruled on the matter in 2005 in the three certified agreements. (d) the reference in Subsections 540(3) and (4) to a term in a company agreement; (2) Subsection 272(4) of the FW Act (which deals with employment provisions that pass the best overall test), it looks like the words `in accordance with Article 193` are deleted and the words `in accordance with Annex 7,point 18` of the (“transitional”) labour law are excluded from Article 193. Commissions and Consequential Amendments) Act 2009″ have been replaced. (a) which, under an undertaking agreement or other commercial instrument which has entered into force, regulates or would govern the duration or condition of employment of persons who perform the same type of work as that which the worker is to perform or perform in accordance with the undertaking agreement; (e) the reference in point (g) of paragraph 275 to bargaining representatives who meet the bargaining requirements in good faith contained a reference to the negotiating parties who are actually trying to reach an agreement on the proposed collective agreement. 1. While an employee or an employer is subject to a transitional instrument based on an individual agreement, a company agreement or a determination of the place of work (under the FW Act) does not apply to the worker or employer in respect of the worker. The following provisions of Part 8 of the CER Act remain applicable with regard to the collective agreement on the day and after the repeal of the EC Act: Step 2. If the person took a leave of absence during the period referred to in point (4), you determine the number of hours of leave to which this sub-position taken by the person applies during the period. (a) by an employer to whom the contract of employment of the State of Division 2B applies or by an organisation empowered to represent the industrial interests of such an employer, with the agreement to: omit a “collective agreement” (in the first place), replace “a contract of enterprise”. Division 5A of Part 8 of the EC Act, as it continues to apply under point 3, then takes effect with respect to the collective agreement under sub-parts (3) and (5).
4. For the purposes of applying that division to an undertaking agreement, a reference to a worker covered by the undertaking agreement, in so far as the context permits, shall be regarded as a reference to a person who may subsequently be covered by the undertaking agreement. . . .