Awards And Agreements Act
If you need help understanding the classifications among these awards, please contact us. ARTICLE III Each State Party recognizes arbitration awards as a case and applies them in accordance with the internal regulations of the territory on which the award is based, under the conditions set out in the following articles. There can be no much heavier conditions or higher royalties or royalties for the recognition or enforcement of the arbitral awards to which this Convention applies than to impose the recognition or execution of national arbitration awards. The dispute at the WEipa CRA mine in Queensland in 1995 highlighted the interaction between industrial premiums and individual contracts (consecutive employment contracts). The company argued, in hearings before the Australian Industrial Relations Board, that the aforementioned bonuses paid to workers who accept certain conditions (including the agreement to waive union representation) were legal and were consistent with Australian labour law. Contracts, it was argued, would not have undermined the rights to award the contract, but would have brought far greater benefits. 3. This agreement continues to apply to arbitration awards for which recognition or enforcement proceedings were initiated prior to the information. Gregory`s employment required him to be a member of the union. This obligation was considered a clause in his employment contract, although it stemmed from a “local agreement” between the employer and some unions. Its arbitration award prevented unfair or severe dismissals, i.e. it contained a termination, amendment and dismissal clause (TCR). Grégory was dismissed because he was denied union membership and the company was a closed store – but after being reinstated, he was refused to rejoin the union because other workers refused to cooperate with him.
Gray J.A. questioned whether collective agreements between unions and employers had become employment contracts – he found that they did so not in the general sense of the word, but in this particular case. He also found that the employee had not been wrongly dismissed. Often these agreements are defined in company policies or an employment contract. This paper examines key legal cases that take into account the interaction between bonuses and employment contracts. It is intended to serve as a guide for the most important cases, but it is not a comprehensive analysis. It shows that in 1995, the High Court upheld the status of public procurement and employment contracts established at the beginning of this century: that is, premiums (known as minimum prices) set minimum standards, but are independent of employment contracts.