The decisions of Aurizon and Griffin Coal confirm the Commission`s robust approach to interpreting Section 226 of the Act and have expressly repealed the former authority, which may have complicated the success of a termination application. As a general rule, an employer can only terminate a worker`s employment if he or she has notified the worker in writing on the last working day. An employer can either make the employee work through his notice or pay him (also called salary instead of dismissal). „We don`t want to pay premiums, can we not just have an enterprise agreement?“ Well, no, it`s not that simple. Severance pay may be required if the employee has been dismissed and is entitled to a right under the 2009 Fair Work Act, a bonus, an enterprise contract or an employment contract. Reasons for dismissal may be capacity, performance, misconduct (including serious misconduct) and dismissals. In addition to a valid reason for dismissal, dismissal must be fair, as it is not „severe, unfair or inappropriate“. In addition, workers cannot be dismissed on the basis of a protected attribute or in retaliation for the exercise of an employment right. Finally, there are no mass layoffs in Australia. If a termination of an agreement has been agreed, a person covered by the agreement must apply to the Commission for permission for termination using Form F24 for an enterprise agreement or form F28 for a transitional instrument based on the agreement, which can be found on our form page. For companies operating in particularly demanding sectors such as extractive and manufacturing, these cases offer clear and binding powers for the principles that would be applied to a request to terminate an enterprise agreement after the nominal expiry date.
Employers and their employees may agree to terminate an enterprise agreement or a transitional instrument based on agreements. An employer may require workers to approve the dismissal by voting in favour of it. As soon as the employer or employee decides that he or she wants to lay off the AWA or ITEA, he must write a letter of intent to dismiss the AWA or ITEA. 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. This type of application is as controversial as „settlement agreements“ with a union, but which are not approved by the FWC. What is an enterprise agreement (sometimes called EBA)? An enterprise agreement („EA“) is a legislated agreement between an employer and a group of workers that, in its in progress, replaces an applicable industrial premium.