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

19   Individual agreement-based transitional instruments: unilateral termination with FWA's approval

(1) This item applies to an employer or employee:

(a) to whom an individual agreement-based transitional instrument that has passed its nominal expiry date applies; and

(b) who wants to terminate the transitional instrument.

(2) The employer or employee may:

(a) make a written declaration that identifies the transitional instrument and that states that the employer or employee wants to terminate the transitional instrument; and

(b) apply to FWA for the approval of the termination.

(3) The employer or employee cannot make an application as mentioned in paragraph (2)(b) unless, at least 14 days before the day on which the application is made, the employer or employee gives the other of them a notice complying with the following requirements:

(a) the notice must identify the transitional instrument;

(b) the notice must state that the employer or employee intends to apply to FWA for approval of the termination of the instrument;

(c) the notice must state that, if FWA approves the termination, the transitional instrument will terminate on the 90th day after the day on which FWA makes the approval decision;

(d) if the notice is given by the employer:

(i) the notice must state whether, if the instrument terminates during the bridging period, one or more redundancy provisions in the instrument will continue to apply to the employee as provided for by item 38; and

(ii) if one or more redundancy provisions in the instrument will so continue to apply to the employee - the notice must include or be accompanied by a copy of the provision or provisions;

(e) the notice must comply with any other requirements of the regulations.

(4) FWA must approve the termination if FWA is satisfied that:

(a) the transitional instrument applies to the employer and the employee; and

(b) the requirements of subitems (2) and (3) have been complied with.

(5) If FWA approves the termination, the transitional instrument terminates on the 90th day after the day on which FWA makes the approval decision.