However, company agreements are collective agreements concluded at company level between employers and employees on working and employment conditions. The Fair Work Commission can provide information on the process of establishing company agreements and evaluate and approve agreements. We can also look at disputes that arise over the terms of the agreements. Aurizon argued that the conditions of Section 226 were met and that the Commission was required to terminate the expired company agreements. The problem is that the underlying circumstances can change quickly when negotiating a company agreement. When companies, or even entire sectors, are faced with difficult economic conditions, as is currently the case in the mining sector, where falling global demand leads to a sharp drop in output and profits, conditions that seemed advantageous at one time can suddenly become unattractive to the employer. Since the Fair Work Act of 2009 provides that company agreements continue to operate after their nominal expiry date, unless they are replaced or terminated, the parties may be able to remain subject to legacy conditions established 5 or 10 years ago (or more) in a totally different economic climate. Company agreements are often as attractive to employers, workers as they are to trade unions. This is because they allow the parties to agree on conditions specifically tailored to the particular circumstances of an undertaking and the sector in which it operates and going beyond what would otherwise apply in the context of a relevant distinction. Common enablers of company agreements are specific provisions on wages, penalty interest, leave and flexible working arrangements. . .