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Employment → Enterprise bargaining → Variation and termination of enterprise agreements
Overview — Variation and termination of enterprise agreements
Jack de Flamingh, Partner, and Kathryn Peterson, Lawyer, Corrs Chambers Westgarth
Variation
Once an enterprise agreement made under the Fair Work Act 2009 (Cth) has been approved by the Fair Work Commission (FWC), it can only be varied if its parties agree to the variation, or if the variation is necessary to remove ambiguity or uncertainty.
See Variation of enterprise agreements.
Termination
Similarly, an enterprise agreement that has been approved by the FWC can only be terminated by agreement during its nominal term. After the expiry of its nominal term, a party may unilaterally apply to the FWC for its termination, but must satisfy the FWC that termination is not contrary to the public interest, and is otherwise appropriate taking into account all the circumstances.
See Termination of enterprise agreements.
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