Enterprise Agreement Expiry Date

In practice, it is preferable to think of the nominal expiry date as a reminder or mechanism that encourages parties to re-engage in, or at least consider, negotiations on terms and conditions of employment. This is also consistent with the fact that many of the FWC`s bargaining powers (e.g. B requests for trading orders) are revived only in the absence of a company agreement or when the nominal expiry date of the previous agreement has expired. In its decision to terminate the Griffin Coal (Maintenance) collective agreement in 2012, it is not disputed that the company agreement severely affected its ability to work productively and efficiently and contributed to exorbitant production costs, resulting in significant losses for the company for several years. If the parties are unable to agree on the terms of a proposed company agreement, a negotiator may apply to the Fair Work Commission and request assistance. If a company agreement has passed its nominal expiry date, the termination of the agreement may be subject to one of the following conditions: organizations that are negotiators (employers, employers` organizations and trade unions) for a proposed company agreement must disclose certain financial benefits that they (or certain close parties) can (or could obtain) due to the duration of the proposed agreement. However, it is not enough, upon request, simply to offer employees to answer questions and explain the agreement, especially if the proposed agreement removes important rights that would otherwise have benefited workers. Full Bench was convinced that it was appropriate to terminate each of the 12 company agreements. Staff must support the agreement by voting in favour of it. Voting may not take place until at least 21 days after the date on which workers have been informed of their right to a bargaining representative. A company agreement shall enter into force seven days after the approval of the Fair Work Commission or at a later date, in accordance with the agreement. .

. .