Employers should be careful not to confuse the expiry of a company agreement with the termination of a company agreement, as it is only in the latter case that all bonus conditions (if one applies to staff) should resume their application and, therefore, continue to comply with the terms of the company agreement until it no longer functions by law. Aurizon`s request was negotiated before the Plenary Assembly of the Commission (Vice-Chairman Watson, Vice-President Gostencnik and Commissioner Spencer), which was responsible for examining the application on the basis of the criteria set out in section 226 of the Act. In other words, the full bank had to verify whether the termination would be contrary to the public interest and whether the termination would be “appropriate” in all circumstances. In determining whether it is `appropriate` to terminate the agreement, the Commission will take into account all the circumstances, including: AGL Loy Yang decision In 2017, FWC`s full Bench reconsesied the termination of a company agreement affecting the ongoing negotiations (see [2017] FWCFB 1019). The facts concerned employees who worked at the Loy Yang coal mine and the nearby power plant (which supplied 30% of Victoria`s electricity). The parties had been in negotiations for about fifteen months. During this period, the employer had requested the FWC`s assistance in accordance with Section 240 of the FW Act (which resulted in 14 conferences involving the FWC), the union had requested bargaining decisions from the FWC in good faith, and there were two union demands for approved protected action votes. For an employer facing difficult and slow negotiations in a changing industry, Murdoch University`s result is a further sign that terminating an existing company agreement can be a feasible “Game Changer” to influence negotiations. Based on this result and the most important decisions that have been taken previously, there are a few license plates for which there will be stronger arguments in favor of termination: if a termination of an agreement has been agreed, a person covered by the agreement must apply to the Commission to authorise the termination using Form F24 for a company agreement or Form F28 for a well-founded transitional instrument. on an agreement. Which you will find on our form page.

When a company agreement has passed its nominal expiry date, it will continue to operate unless it is terminated or replaced.