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Does My Enterprise Agreement Really Expire?


Recently, MBA has seen an increased number of queries in relation to enterprise bargaining agreements (EBA). Although each EBA has a nominal expiry date, it will continue to operate after the nominal expiry date until it is replaced by a new EBA or terminated by the Fair Work Commission. The provisions of your EBA are still enforceable after the nominal expiry date. Employers are not legally required to apply for a new EBA before or after the nominal expiry date.

However, employers may want to apply for a new EBA to replace the ‘expired’ EBA to prevent the risk of being exposed to protected industrial actions (e.g., protests) or being caught up in multi-employer bargaining.

MBA ACT can assist its members with their enterprise agreement approval process.  This is a service provided to members as part of their membership with the MBA ACT.

In addition to assisting you with the process, we can also represent you as an employer representative in the bargaining process. This might be an option when dealing with other interested parties to the agreement, such as a union or other representative, and to ensure that you and all other parties to negotiations comply with legislative requirements.  If the Secure Local Jobs Code (SLJC) apply to your business, we can also advise on your obligations under the SCLJC when bargaining for an enterprise agreement.

If you need assistance in ‘renewing’ an enterprise agreement, please reach out to the Workplace Relations and Legal Team on (02) 6175 5900.