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However, it is easier to reach agreement in sectors where firms are under competitive pressure, including market conditions that are beyond the control of local firms. For example, workers can agree to reduce the level of wages in enterprise agreements negotiated under better working conditions, in order to remain competitive and save jobs. In this case, the level of wages could be reduced to the rates paid in the underlying premium. Eight months before the expiry of the 14 contracts, Aurizon began negotiating new enterprise agreements with the six unions. Throughout the negotiations, Aurizon has been working to remove these legacy rules. The unions wanted to maintain the provisions and include them in all new enterprise agreements. Although Aurizon and the unions sought and obtained the support of Commission Vice-President Asbury during the negotiations, they did not reach an agreement. When he found that it was premature to denounce the agreement, his honour was most impressed by the fact that Wollongong never had to raise his concerns about the agreement with the union before the proceedings began. It is not contrary to the public interest to do so; The contract should be terminated taking into account the views of individuals (employers, workers and trade union organisations) and the likely effects of redundancy on them. In Gangell/Lobethal Abattoirs Pty Ltd T/A Thomas Foods International (2018), an FWC staff member requested the termination of a 2008 transitional conventional instrument (considered an enterprise agreement under transitional laws). The FWC delayed the decision on the application by two months to allow both the resumption of employment negotiations and conciliation by the FWC.

A request to the Commission for fair work to terminate the contract, except by agreement, must also be accompanied by certain employer declarations. In a decision of the Full Bench of the Fair Work Commission in Automotive Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers` Union (AMWU) against Griffin Coal Mining Company Pty Ltd [2016] FWCFB 4620, it was deemed appropriate to terminate the Griffin Coal (EA) mining company on the basis of the company`s financial position, including commercial losses of nearly US$300 million since 2011.