See Fair Work Act 2009 s.219
If an agreement covers a single employer – the employer and the employees covered by the enterprise agreement may jointly agree to terminate the agreement.
If an agreement covers 2 or more employers – ALL of the employers and the employees covered by the enterprise agreement may jointly agree to terminate the agreement.
A termination of an enterprise agreement has no effect unless it is approved by the Fair Work Commission.
A greenfields agreement can only be terminated by agreement if 1 or more of the persons who will be necessary for the normal conduct of the enterprise concerned, and are covered by the agreement, have been employed.
See Fair Work Act s.220
An employer covered by an enterprise agreement may request the employees covered by the agreement to approve a proposed termination of the agreement by voting for it.
Before making the request, the employer must:
The employer may request that the employees vote by ballot, by an 'electronic method' or by some other method.
See Fair Work Act s.221
If the employees of an employer, or each employer, covered by a single-enterprise agreement have been asked to approve a proposed termination of the agreement, the termination is agreed to when a majority of the employees who cast a valid vote approve the termination.
If the employees of each employer covered by a multi-enterprise agreement have been asked to approve a proposed termination of the agreement, the termination is agreed to when a majority of the employees of each individual employer who cast a valid vote have approved the termination.
See Fair Work Act s.222
If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the Commission for approval of the termination. An application for termination of an enterprise agreement by agreement must be made with a Form F24.
The application must be accompanied by a completed and sworn statutory declaration from the applicant in support of the termination by agreement. [Form F24A]
The statutory declaration must be completed truthfully. Under s.11 of the Statutory Declarations Act 1959 (Cth), a person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years.
All forms are available on the Forms page of the Commission's website.
The application must be made:
See Fair Work Act s.223
If an application is made for approval of an agreed termination of an enterprise agreement, the Commission must approve the termination if:
See Fair Work Act s.224
If a termination of an enterprise agreement is approved by the Commission, the termination operates from the day specified in the decision to approve the termination.
 Fair Work Commission Rules 2013 r.26(1).
 See for example Pennyco Pty Ltd t/a Zarraffas West Ipswich  FWCFB 4852 (Hatcher VP, Colman DP, Harper-Greenwell C, 9 October 2017) at para. 34; Derbarl Yerrigan Health Service Inc.  FWCFB 2721 (Catanzariti VP, Hamilton DP, Wilson C, 29 June 2018) at paras 34–35.