Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 393

             (1)  This section applies whether or not an ITEA provides for a manner of terminating the agreement after its nominal expiry date.

             (2)  Any of the following persons may terminate the ITEA by lodging a declaration in accordance with section 395:

                     (a)  the employer in relation to the ITEA;

                     (b)  the employee whose employment is subject to the ITEA;

                     (c)  a bargaining agent at the request of the employer or the employee.

Note:          Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

             (3)  However, this may be done only if the nominal expiry date of the ITEA has passed.

             (4)  At least 90 days before the lodgment, and after the nominal expiry date of the ITEA has passed, the person intending to lodge the declaration must take reasonable steps to ensure that:

                     (a)  written notice of the termination is given to:

                              (i)  if the employer, or a bargaining agent at the employer's request, is intending to lodge the declaration--the employee; or

                             (ii)  if the employee, or a bargaining agent at the employee's request, is intending to lodge the declaration--the employer; and

                     (b)  if the person giving the notice is the employer in relation to the ITEA, or is a bargaining agent doing so at the request of the employer--a written copy of the undertakings (if any) made by the employer under section 394 is given to the employee.

             (5)  The notice must:

                     (a)  state that the ITEA is to be terminated; and

                     (b)  specify the day on which the person proposes to lodge the notice; and

                     (c)  be in the form (if any) that the Workplace Authority Director requires by notice published in the Gazette ; and

                     (d)  contain the information (if any) that the Workplace Authority Director requires by notice published in the Gazette ; and

                     (e)  if the person giving the notice is the employer in relation to the ITEA, or is a bargaining agent doing so at the request of the employer--state whether the parties to the ITEA will, under section 399A, continue to be bound by one or more redundancy provisions included in the ITEA; and

                      (f)  if the parties to the ITEA will continue to be so bound--include an annexed copy of the provision or the provisions.

             (6)  A person contravenes this subsection if:

                     (a)  the person lodges a declaration to terminate an ITEA under subsection (2); and

                     (b)  the person failed to comply with subsection (4) or (5).

Note:          See Division 11 for provisions on enforcement.

             (7)  Subsection (6) is a civil remedy provision.