In the preparation of employment contracts, it is essential to develop carefully, the future judicial procedures can resort to the interpretation of a single word. Interpretation anomalies can consist of a variety of agreements in the workplace, ranging from enterprise bargaining to employment and subcontracts. The purpose of enterprise trading is to be an added value for a company. If employers do not invest in the process and maintain the know-how, decisions like this will follow them again. In response to Peabody`s concerns during the negotiations, APESMA submitted a third draft agreement (third proposal). In the third proposal, APESMA waived a series of previous applications, including its request for a salary increase for the employee. Mr. Peabody then sent a written response to apESMA, in which he rejected the third proposal and stated that there was no use for holding new bargaining meetings. Peabody attempted to argue that the enterprise agreement involved the obligation to perform certain work so that the worker could qualify for the annual personal leave credit, but the Commission found that the exact text could not be subject to a period of service. Since the applicant was still technically employed on the anniversary of his employment, the 120-hour personal leave fee had to be credited and, therefore, due at the time of termination.
Peabody then submitted a proposal for an agreement that contained a clause that would lead to an end to the employee`s existing contractual agreements and to provide rates of pay significantly lower than the rates currently in effect. In its decision, the EP contrasts this clause with others in the agreement, which expressly required the performance of a certain period of service in order to qualify for that right. Vice-President Saunders, at the time of the finding for the union, stated that the case required the interpretation of the term “credit” to section 21.1 of the agreement, since the classification of “credit” is important, because “the usual meaning of a “right” is that to which one is entitled under a contract, a employment agreement, so that Peabody does not have negotiations on an agreement to cover the wages of the employees. all individual employment contracts have been concluded.