Employee Termination Enterprise Agreement

2. The downward trend in Murdoch University`s financial and operational activities has been demonstrated. One of the topics discussed by the university was that the termination of the enterprise agreement would remove the restrictions and allow the university to be more agile in a difficult market. The university identified specific provisions of the agreement that it considered problematic and provided evidence as to why they were problematic. For example, the university considered the fault and unsatisfactory benefits provisions as priority areas of evolution, in particular because of the normative and multi-step procedure that was heavily involved in determining a result under these provisions. The enterprise agreements contained very generous provisions, which were a legacy of a time when the company was owned by the state and were essentially “public” conditions (for example. B no forced dismissal). These provisions were too complex and presented unjustified and costly restrictions on the efficiency and productivity of Aurizon`s business. If an expired enterprise contract is terminated, employee terms and conditions may be returned to the underlying modern premium.

This has the potential to have a dramatic impact on staff and can be, from a strategic point of view, a compelling opportunity for change. This could be a significant “game change” for workers or employers. In the Currently pending Coles notification, it is a worker who claims that a return to the modern arbitration award would be in the public interest (while in the cases below, the employer stated that there was a case to remove the restrictive conditions of the relevant enterprise agreement). If the existing agreement no longer provides productivity benefits or benefits, the termination of such an agreement could better support negotiations for an enterprise-level productivity-efficient agreement. This has resulted in a number of requests to terminate expired enterprise agreements, based on the defects of the existing agreement, for example. B NTEU/Murdoch University (2018). “All circumstances must also be taken into account when considering the appropriateness of the termination of the contract … Consideration of all the circumstances, including those provided for in Sb26 (b) (ii) and (ii) S 226 (b) and (ii), is an obligation to consider the facts and give them the weight necessary to determine whether a termination of an enterprise agreement should be terminated. [8] Of course, entry into an EA can sometimes be a requirement of a prime contractor before entering into a contract to carry out work, especially on large construction sites.