In finding that an employer misconstrued a common abbreviation in its own enterprise agreement, Qube Ports Pty Ltd has been required to withdraw final warnings issued to seven employees following a recent decision of the Fair Work Commission that highlights the importance of meticulous legal drafting.
The requirement to act in good faith is an important term implied by law into contracts and franchise agreements. What exactly the term requires and how far it extends has been the subject of many judicial decisions over the past two decades. The requirement that a franchisor exercises its discretions under a franchise agreement reasonably, and in good faith was given a thorough review in a recent Full Federal Court case.
The case concerned the franchisor of the Pizza Hut franchise, Yum and 190 of the 200 independent franchisees in respect of a strategy to increase market share by reducing prices and simplifying the product offering. The case illustrates the Court’s approach to determining whether the implied term has been breached, and is indicative of the expectations of those exercising a discretion under a franchise agreement.
Along with the general pressures that arise during this time of year, separated parents must also remember that time is running out to agree to arrangements for the care of their children over the extended Christmas holiday period. With only ten weeks until Christmas. is the care of your children organised?
On 1 October 2018, the Fair Work Commission, as part of its 4-year modern award review, made a decision which will amend evening, Saturday and Sunday penalty rates under the General Retail Industry Award 2010.