Do the modern awards replace an enterprise agreement after the nominal expiry date?

An enterprise agreement applies until it is terminated or replaced. Therefore, after the nominal expiry date the terms and conditions remain in place until either a new enterprise agreement is negotiated, or the Fair Work Commission agrees to terminate the agreement. To terminate after the nominal expiry date any of the parties to the agreement may apply for termination. The Fair Work Commission will terminate the agreement if the Commission is satisfied that it is not contrary to the public interest to do so, and it considers it appropriate to terminate the agreement.