The Fair Work Commission has the authority to terminate the following types of national system agreements: An employer must prove that a worker is terminated or disciplined after certification. An employer is also required to prove a single reason in which it terminates or disciplines a worker after the start of a legal strike or lockout. In both cases, protection applies to a just cause until employers and their employees can agree to terminate an enterprise contract or transitional instrument based on the agreement. An employer may require workers to approve the dismissal by voting in favour of it. When an enterprise agreement or transitional instrument based on agreements has passed its nominal expiry date, one of the parties may ask the Commission to terminate the agreement. Under the Fair Work Act 2009, contracts continue to run past their nominal expiry date until they are replaced or terminated by an application to the Fair Work Commission. The provisions of the Fair Labour Act 2009 (transitional provisions and subsequent amendments) continue to serve as transitional instruments based on agreements. Without these three elements, we advise that any attempt to terminate an agreement is probably not at stake. In all cases reviewed, including Wollongong Coal, it appears that every employer wishing to terminate an agreement with its workforce must overcome three significant barriers. First, they must show that this is a very serious financial dispute.
Second, they must demonstrate that the seniority conditions contained in the agreement are profoundly prejudicial to their attempt to act on the grounds of difficulty. Last but not most importantly, they must show that they have made every effort to negotiate a productive outcome with their workers and representatives. AMMA labour relations lawyer Lindsay Carroll outlines two recent Fair Labour Commission (FWC) decisions that defend the right of coal-sector employers to terminate enterprise agreements and provide alternatives to traditional negotiations on alternative agreements. The termination of a contract has no effect unless it is approved by the Commission. “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.  A unilateral act under which either party to an indeterminate collective agreement proves an intention to terminate it. If workers wish to apply for an end to the union`s right of representation, they must file a formal application with the employment agency.