Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:46
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 46
Character Range: 61639–62926

46  Application for the termination of an enterprise agreement after its nominal expiry date
 (1) An application under section 225 of the Act for the termination of an enterprise agreement after its nominal expiry date must be accompanied by:
 (a) a declaration by the applicant setting out the basis on which the FWC can be satisfied that the requirements of section 226 of the Act have been met; and
 (b) any guarantee of termination entitlements given to the FWC in relation to the termination of the agreement.
Note 1: The application and the declaration must be in the approved form: see rule 9.
Note 2: Section 226 of the Act sets out the circumstances in which the FWC must terminate the agreement.
Note 3: Under section 226A of the Act an employer must comply with a guarantee of termination entitlements given by the employer to the FWC in relation to the termination of an enterprise agreement.
 (2) Each employee, employer or employee organisation that:
 (a) is covered by the agreement; and
 (b) wants to advise the FWC of its views on the termination of the agreement;
must lodge a declaration by it to that effect with the FWC before the FWC approves the termination of the agreement.
Note: The declaration must be in the approved form: see rule 9.

Division 4—Bargaining