New case law – Interpretation of collective agreement, joint intention of the parties

The dispute concerned whether a company had breached a provision of the collective agreement in force between the parties by not disclosing salary information for all employees, i.e. for both organised and unorganised employees, to its trade union counterpart prior to a salary review. The Labour Court has not found that there was a common intention between the parties that obliges the employer to disclose wage information for all employees to its trade union counterpart when the collective agreement was signed. Nor does the wording of the collective agreement indicate any such obligation. According to the Labour Court, no uniform application of the collective agreement has been demonstrated that entitles the trade union counterpart to receive wage information for all employees. No breach of the collective agreement has therefore been committed and the union’s action has therefore been dismissed.

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