Other external sources
Apart from collective agreements, there may be other external sources of the contract terms. Where a term is obviously lacking , it may be implied into the contract by virtue of the “officious bystander” test. This is a strange creature of the lawyer’s imagination who supposedly overhears the employer discussing with his newly recruited employee, say a bus driver, what the contract terms should be. The bystander does not hear any reference to the employee’s presumed qualification to drive, so he suddenly says, “Is it a term of your agreement that the employee holds a P.S.V. licence?”