Commentary

(c) Construing the collective agreement term

Division AII Contract of Employment
| Commentary

(c) Construing the collective agreement term

| Commentary

(c)     Construing the collective agreement term

Once incorporated into an individual contract of employment, a provision which owes its origin to a collective agreement, falls to be construed strictly in accordance with the rules of construction applicable to contracts. In consequence evidence may not be adduced as to what the parties to the collective agreement actually meant at the time of agreeing the collective term which has become imported into the individual contract of employment nor may any subsequent action on the part of the 'contracting' parties (except of course an expressly agreed variation of the contract) be employed as

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