Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (55 of 2009)

Schedule 3   Continued existence of awards, workplace agreements and certain other WR Act instruments

Part 3   Variation and termination of transitional instruments

18   Individual agreement-based transitional instruments: termination conditional on enterprise agreement

(1) This item provides for the making of an instrument (a conditional termination ) that will have the effect of terminating an individual agreement-based transitional instrument if:

(a) an enterprise agreement (the proposed enterprise agreement ) is made that covers the employee and the employer; and

(b) the proposed enterprise agreement comes into operation.

(2) If the transitional instrument has not passed its nominal expiry date, the conditional termination must be a written agreement signed by the employer and the employee. The signatures must be witnessed.

(3) If the transitional instrument has passed its nominal expiry date, the conditional termination must be in writing and signed either by the employee or the employer. The signature must be witnessed.

(4) If the conditional termination is signed by the employee, and the employee is under 18, it must also be signed by a parent or guardian of the employee.

(5) Any other requirements of the regulations relating to the form, content or making of the conditional termination must also be complied with.

(6) The employer must give the employee a copy of the conditional termination if:

(a) the conditional termination is an agreement signed by the employee and the employer in the circumstances covered by subitem (2); or

(b) the conditional termination is signed by the employer in the circumstances covered by subitem (3).

Note 1: For compliance with this obligation, see subitem 3(1) of Schedule 16.

Note 2: Failure to comply with this obligation does not affect the operation of subitem (8).

(7) The conditional termination must accompany any application to FWA for approval of the proposed enterprise agreement under section 185 of the FW Act.

Note 1: For compliance with this obligation, see subitem 3(2) of Schedule 16.

Note 2: Failure to comply with this obligation does not affect the operation of subitem (8), or the validity of an approval by FWA of the proposed enterprise agreement.

(8) If the requirements of subitems (2) to (5) have been complied with in relation to the conditional termination, the transitional instrument terminates when the proposed enterprise agreement comes into operation.