Intellectual freedom clauses in enterprise agreements create enforceable rights that prevail over inconsistent Code of Conduct requirements where those clauses are not expressly subordinated to the Code, and conduct authorised by those provisions cannot be treated as misconduct.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
4 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.