Making, varying or terminating an enterprise agreement

The process for varying an enterprise agreement under the Fair Work Act 2009 (the FW Act) is similar to the process for making an agreement. Employers and employees may agree to vary an enterprise agreement. In addition, an agreement may be varied on application by any of the parties to the agreement to remove ambiguity or uncertainty. 

In either case, the variation has no effect unless it is approved by the Fair Work Commission (FWC).

The process for terminating an enterprise agreement differs depending on whether termination is taking place before or after the nominal expiry date, and whether termination is by approval of all the parties, or is unilateral (i.e, by one of the parties).

A termination of an enterprise agreement has no effect unless it is approved by the FWC.