Terminating an agreement
On this page:
- Termination of enterprise agreements by agreement
- Termination of enterprise agreements after nominal expiry date
Find out more:
- For information on how to terminate existing AWAs, ITEAs and collective agreements call the FWA Help Line on 1300 799 675.
Enterprise agreements and agreement-based transitional instruments (agreements made before 1 July 2009) can be terminated in two ways, by agreement or after the nominal expiry date.
Termination of enterprise agreements by agreement
Employers and employees may agree to terminate an enterprise agreement or an agreement-based transitional instrument. An employer may request that the employees endorse the termination by voting for it.
A termination of an enterprise agreement has no effect unless it is approved by Fair Work Australia (FWA).
How to apply to terminate an enterprise agreement
If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to Fair Work Australia for approval of the termination using Form F24.
The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.
It must be made:
- within 14 days after the termination is agreed to
- within such further period as Fair Work Australia allows.
Termination of enterprise agreements after nominal expiry date
If an enterprise agreement or agreement-based transitional instrument has passed its nominal expiry date, any of the parties to the agreement may apply to Fair Work Australia for the termination of the agreement.
If an application for the termination of an enterprise agreement is made, Fair Work Australia must terminate the agreement if:
- satisfied that it is not contrary to the public interest to do so
- it is considered appropriate to terminate the agreement.
The termination operates from the day specified in the FWA decision to terminate the agreement.
