New South Wales Consolidated Acts
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INDUSTRIAL RELATIONS ACT 1996 - SECT 44
Termination of enterprise agreement
44 Termination of enterprise agreement
(1) An enterprise agreement can be terminated only in accordance with this
section.
(2) An enterprise agreement can be terminated at any time with the
approval of all the parties to it, whether during or after its nominal term.
(3) An enterprise agreement can also be terminated at or after the end of its
nominal term by any one of the parties giving at least 3 months' written
notice of intention to terminate to each other party. The notice may be served
before the end of the nominal term.
(4) In the case of an enterprise
agreement in which the employees are a party, the proposed termination of the
agreement by the employees must be approved in a secret ballot by not less
than 65% of the employees covered by the agreement at the time the ballot is
conducted.
(5) Termination of the enterprise agreement is not effective until
the Industrial Registrar has been given written notice of the approval to
terminate or of service of the notice of intention to terminate.
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