Recent Cases

South Australian Water Corporation v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FCAFC 40 (21 March 2024) (Besanko, Charlesworth and Jackson JJ)


Catchwords:


INDUSTRIAL LAW — appeal from a decision of the South Australian Employment Tribunal exercising its jurisdiction under the Fair Work Act 2009 (Cth) as the South Australian Employment Court (SAEC) — whether the SAEC erred in finding that cl 1.7 of the SA Water Corporation Enterprise Agreement 2018-2021 as varied by the SA Water Corporation Variation Agreement 2020 [2020] FWCA 3581 was not merely aspirational and created a binding and enforceable obligation — construction of clause in enterprise agreement — appeal allowed