The Fair Labour Commission will continue to expedite any request to amend agreements to COVID19Applications@fwc.gov.au A company that refers to the modification of an enterprise agreement must be signed by any employer who hires it. (c) Section 188 (which deals with a genuine agreement); As long as the law or the contract itself does not say otherwise, contractors can amend it by oral or written agreement. (a) the FWC is satisfied that, had an application been made pursuant to Section 182 (4) or Section 185, the agreement would have been submitted in the proposed amendment, it would have been required to approve the agreement pursuant to Section 186; and if the affected workers of an employer or employer subject to an enterprise agreement have been asked to approve a proposed amendment, the amendment is made if the majority of the workers concerned who voted valid approve the amendment. MwB Business Exchange Centres Ltd. /Rock Advertising Ltd.  EWCA Civ 553 addresses a number of important issues related to the contract amendment. Rock as the holder of company status operating under the conditions of a market economy. In August 2011, Rock decided to expand its operations and entered into a written agreement with the status of a company operating under the terms of a market economy for 12 months as of November 1, 2011. The licence fee was agreed to amount to USD 3,500 per month for the first three months, then USD 4,433.34 as of February 1, 2012. Unfortunately, Rock`s business was not as successful as hoped and by the end of February 2012 he had suffered arrears of more than $12,000. The status of a company operating under the terms of a market economy announced the termination of the contract, but the parties then verbally agreed to reschedule the royalties due between February and October 2012: Rock would pay less than the amount originally agreed for the first months, but would then pay more, so that arrears would be compensated by the end of the year. Under this agreement, Rock paid US$3500 in company status operating under the terms of a market economy, which was the first tranche due under the revised payment plan.
However, the status of a company operating under the conditions of a market economy then changed its mind and complained about the residues. The status of a company operating under the conditions of a market economy made two arguments that did not allow Rock to invoke the oral variant. First, the status of a company operating under the terms of a market economy referred to an anti-oral variation clause in the written contract. Second, the status of a company operating under the conditions of a market economy was based on Foakes v Beer (1884) 9 App. Case. 605 for the thesis that the variation was not supported by the counterparty. Both arguments failed before a unanimous appeals court (Arden, Kitchin and McCombe L.JJ.). Permission to amend an enterprise agreement may be denied if compliance with the terms of the agreement, as proposed as amended, may lead a person to commit an offence against a Commonwealth law or to a person who must pay a fine for the violation of a Commonwealth law. The waiver is the case where one party is voluntarily subjected to a request from the other party not to insist on the exact method of execution described in the contract. In these circumstances, it can be said that this party has waived its right to exist in this particular way.