61RTermination of registered enterprise agreement

### 61R Termination of registered enterprise agreement > *\[Section 61R Inserted by No. 59 of 1992, s. 40 \]* > > > (1)  A registered enterprise agreement may be terminated before the end of the period for which it remains in force with the mutual consent of the parties to the agreement. > > > (2)  If the parties to a registered enterprise agreement (other than the employer) include individuals or an employee committee, an agreement to terminate the enterprise agreement during its duration may be entered into by those individuals or that employee committee only after at least 60% of the persons employed in the enterprise in the one or more classes of employment to which the enterprise agreement applies agree to it by secret ballot. > > > (3)  [*\[Section 61R Subsection (3) amended by No. 104 of 2000, Sched. 3, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS3@JT@tr@oc5@EN) The parties to a registered enterprise agreement, by notice in writing, must notify the Registrar of their intention to terminate the enterprise agreement. > > > (4)  [*\[Section 61R Subsection (4) amended by No. 104 of 2000, Sched. 3, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS3@JT@tr@oc6@EN) *\[Section 61R Subsecton (4) amended by No. 90 of 1994, s. 21 \]*On receipt of a notice under [subsection (3)](#GS61R@Gs3@EN) , the Registrar must approve the termination of the registered enterprise agreement if satisfied that– > > > > > > (a) the agreement to terminate the agreement is by mutual consent of the parties; and > > > > > > > (b) the agreement to terminate the agreement is not a result of any duress applied to any party; and > > > > > > > (c) the parties are aware of any changes to existing conditions of employment which will result from the termination of the agreement. > > > (5)  [*\[Section 61R Subsection (5) amended by No. 104 of 2000, Sched. 3, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS3@JT@tr@oc7@EN) *\[Section 61R Subsection (5) amended by No. 90 of 1994, s. 21 \]*If the Registrar approves the termination of a registered enterprise agreement, the Registrar must– > > > > > > (a) remove the agreement from the register; and > > > > > > > (b) notify the parties to the agreement accordingly. > > > (6)  The termination of a registered enterprise agreement takes effect on the date on which it is removed from the register.