8—Jurisdiction to interpret awards and enterprise agreements
(1) SAET (constituted
as the South Australian Employment Court) has jurisdiction to interpret an
award or enterprise agreement.
(2) In exercising its
interpretative jurisdiction—
(a) SAET
should have regard to any evidence that is reasonably available to it of what
the author of the relevant part of the award or enterprise agreement, and the
parties to the award or enterprise agreement, intended it to mean when it was
drafted; and
(b) if a
common intention is ascertainable—give effect to that intention.