If you are considering creating an EA or if you have a historical agreement that causes chaos in your organization, or if you would like to discuss an aspect of this article, please contact us. “We don`t want to pay premiums, can we not just have an enterprise agreement?” Well, no, it`s not that simple. For more information on agreement-based transitional instruments, including the modification and termination of these agreements, see www.fairwork.gov.au. If you have ever been employed in a business agreement or have had to negotiate with your employees, you probably know the term “nominal expiry date.” But what are its practical effects and what happens if the nominal expiration date elapses? A recent decision by the Fair Work Commission (FWC) in the higher education sector provides guidance for employers facing difficult and lengthy negotiations on enterprise agreements in each sector. Significantly, while a lot of effort and time spends in the process of negotiating and approving an EA, employers often don`t think about the permanent application of an EA and what happens after its nominal expiration date. In these circumstances, many employers often face difficulties and, in some cases, unintentionally violate modern procurement or other labour laws. All AAs continue to operate when the nominal expiration date expires. For example, an EA that will be made prior to the start of the FW Act on January 1, 2010, regardless of whether its nominal expiry date could have been 2008, will continue to operate. Therefore, if an employer continues to apply rates of pay to its employees from 2008 on, there is a real risk and a real probability that wage rates will be lower than the national minimum wages set under the terms of a modern applicable premium. Under these conditions, the employer will be subject to an additional payment responsibility to different workers throughout the company and, if the Ombudsman examines the employment for fair work, the employer could be prosecuted and punished for breaches of the minimum wage. Fact 4: What happens if the nominal expiry date of an enterprise agreement expires? The proposed application for an enterprise agreement must be submitted to the Fair Labour Commission within 14 days of the date of filing or within an additional period of time, as permitted by the Fair Work Commission.
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.