WORKPLACE RELATIONS ACT 1996 - SECT 386 Approval of a termination

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 386

             (1)  A termination of an ITEA is approved if:

                     (a)  the employer and employee make a written termination agreement to terminate the ITEA; and

                     (b)  the termination agreement is signed and dated by the employee and the employer; and

                     (c)  those signatures are witnessed; and

                     (d)  if the employee is under the age of 18 years:

                              (i)  the termination agreement is signed and dated by an appropriate person (such as a parent or guardian of the employee, but not the employer) on behalf of the employee, for the purpose of indicating that person's consent to the employee terminating the ITEA; and

                             (ii)  that person is aged at least 18 years; and

                            (iii)  that person's signature is witnessed.

             (2)  A termination of a collective agreement is approved if:

                     (a)  the employer has given all of the persons employed at the time whose employment is subject to the agreement a reasonable opportunity to decide whether they want to approve the termination; and

                     (b)  either:

                              (i)  if the decision is made by a vote--a majority of those persons who cast a valid vote decide that they want to approve the termination; or

                             (ii)  otherwise--a majority of those persons decide that they want to approve the termination.