Individual Flexibility Arrangement clauses that permit employer and employee to agree to vary terms of an industrial agreement are invalid and of no effect where they are inconsistent with the statutory scheme governing employer-employee agreements under Part VID of the Act.

The no further claims clause in an agreement should not be construed broadly, otherwise many ancillary matters introduced by an employer during the life of the agreement would improperly fall within it.

Disputes about the exercise of discretion regarding matters that are the subject of an agreement are not necessarily further claims within the meaning of a no further claims clause.

Where an employer has represented that employees would be offered particular staff conditions (such as a choice of superannuation schemes), the Commission may order the employer to honour those representations as a matter of equity, good conscience and substantial merits under s26(1)(a), provided the representation is factually established.

A common law contract of employment does not constitute an 'employer-employee agreement' under Part VID (s97UA) of the Industrial Relations Act 1979 (WA) unless it is properly registered under Division 5.

An industrial association of employees registered under s67 of the IR Act may be named as a party to a new State instrument enterprise agreement where the agreement applies to employees who are eligible to be members of that association.

A flexible hours employment agreement for a professional person, specifying a span of hours and indicating flexibility with requirement to work outside normal hours, operates within the contract to govern expectations about additional work

A workplace agreement does not displace the underlying contract of employment and does not break continuous service for the purpose of long service leave accrual, even where the employee ceases to accrue leave during the agreement period.

Where a subsequent contract between the same parties is disputed as either a novation or variation of a previous contract, whether it novates or varies 'is ascertained objectively in all of the circumstances', considering what a reasonable person aware of the genesis, background, context and market relationship would have understood the parties to have intended.

An email offering a position as a contractor with binding terms regarding compensation and responsibilities, if accepted, constitutes a binding variation of a prior contractor agreement.

A binding variation of a contract requires consideration, a clear offer, and clear acceptance.