Industrial Relations Act 1996

Any enterprise agreement registered (or taken to be registered) under the 1991 Act and in force immediately before the repeal of that Act (a former enterprise agreement) is taken to be an enterprise agreement approved under this Act.

Any enterprise agreement lodged for registration under the 1991 Act and not registered immediately before the repeal of the 1991 Act is to continue to be dealt with under the relevant provisions of the 1991 Act despite its repeal. If it is registered, subclause (1) applies to the agreement.

The Commission must, on the application of an industrial organisation of which employers or employees who are parties to the agreement are (or are eligible to be) members, by order terminate an agreement to which subclause (1) applies if the Commission is satisfied that the agreement—

is not consistent with the principles prescribed by section 33, or

does not comply with the conditions of approval prescribed by section 35.