In fact we’re all the way back in the WorkChoices era, looking at legislation and authorities back then. Who had standing to bring claims under collective agreements back then?
Ms Kelly mounts a construction argument about the statutory object of the Fair Work Act, s3 ("objects") mentions "enabling fairness and representation at work" and "accessible and effective procedures to resolve grievances and disputes and providing effective compliance mechanisms"
Ms Kelly comes to the constructional question (how to apply the EBA to this case). The industrial history is that universities and employees struck a bargain on the "rolled-up rate", since at least the early 1970s.
Comments
Into the weeds, looking at constructions of old case law about contraventions of industrial agreements