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Australian Workers' Union v BlueScope Steel (AIS) Pty Ltd [2018] FCA 80

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INDUSTRIAL LAW - alleged contravention of s 50 of the Fair Work Act 2009 (Cth) - whether employer contravened a term of enterprise agreement by failing to make superannuation contributions - whether a term of an enterprise agreement must be a source of legal obligation to make out a contravention of s 50 of the Fair Work Act 2009 (Cth) - whether superannuation legislation the sole source of legal obligation to make superannuation contributions - whether clause of enterprise agreement related to superannuation contributions the source of an independent legal obligation to make contributions SUPERANNUATION - construction and application of the terms "ordinary time earnings" and "ordinary hours of work" in s 6(1) of the Superannuation Guarantee (Administration) Act 1992 (Cth) - where employees paid either an annualised or aggregate salary - where annualised and aggregate salary included components for additional hours and public holidays - where employees required to work additional hours and public holidays - whether additional hours component of an annualised salary were "ordinary time earnings" - whether public holiday component of either an annualised or aggregate salary were "ordinary time earnings" - whether employees in fact worked additional hours and public holidays as "ordinary hours of work"

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