Tongue in cheek or cheeky attempt to by employer fails

By rejecting what can only be thought to be an ambitious (maybe even tongue in cheek) attempt by an employer, the Fair Work Commission has determined that where an enterprise agreement refers to there being a liability upon on employer (in the particular case not to impose non-voluntary redundancies upon a workforce during “the term “ of the enterprise agreement, the restrictions continue to apply after the expiration of the agreement by the passing of its nominal expiry date.
Essential Energy and another v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and others – Re Ausgrid Agreement 2012 (2015) FWC 6931 2 November 2015 per Hatcher VP