See Fair Work Act 2009 s.225
If an enterprise agreement has passed its nominal expiry date, any of the following may apply for the termination of the agreement:
a union covered by the agreement.
An application for termination of an enterprise agreement after the nominal expiry date must be made with a Form F24B.
The application must be accompanied by a completed and sworn statutory declaration from the applicant.[1] [Form F24C]
The statutory declaration must be completed truthfully. Under s.11 of the Statutory Declarations Act 1959 (Cth), a person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years.[2]
All forms are available on the Forms page of the Fair Work Commission's website.
See Fair Work Act s.226
If an application is made for termination of an enterprise agreement after its nominal expiry date, the Commission must terminate the agreement if:
See Fair Work Act s.227
If an enterprise agreement is terminated by the Commission, the termination operates from the day specified in the decision to terminate the agreement.
[1] Fair Work Commission Rules 2013 r.26(2).
[2] See for example Pennyco Pty Ltd t/a Zarraffas West Ipswich [2017] FWCFB 4852 (Hatcher VP, Colman DP, Harper-Greenwell C, 9 October 2017) at para. 34; Derbarl Yerrigan Health Service Inc. [2018] FWCFB 2721 (Catanzariti VP, Hamilton DP, Wilson C, 29 June 2018) at paras 34–35.