Not all provisions of enterprise bargaining agreements or employer policies incorporated by general language in a letter of appointment will operate as contractual terms — only those provisions capable of operating as promissory obligations between employer and individual employee. Disciplinary procedures providing detailed processes for managing allegations of misconduct may constitute contractual promises even where other policies in the same manual are merely aspirational. The formulation of an implied term of good faith importing requirements of 'prudence, caution and diligence' (from Russell v Roman Catholic Church) was rejected as being the language of a duty of care rather than good faith. The question whether there is a general implied term of good faith in employment contracts remains open.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
2 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.