Terminating an enterprise agreement – when and how can it be done?

What you need to know

• When enterprise agreements are negotiated during profitable times, parties may agree on terms which later become unattractive once new challenges emerge for a business.
• Parties are not necessarily 'stuck' with the terms they have agreed, as an enterprise agreement may be terminated in one of two ways – by the parties' agreement, or by application to the Fair Work Commission after the nominal expiry date of the agreement.
• For businesses seeking guidance on how an application to the Fair Work Commission might be received, two cases shed useful light on how the relevant legislation is likely to be interpreted.