WORKPLACE RELATIONS ACT 1996 - SECT 389 Lodging termination documents with the Workplace Authority Director

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 389

             (1)  The employer in relation to a workplace agreement to be terminated lodges the termination with the Workplace Authority Director if:

                     (a)  the employer lodges a declaration under subsection (2) for the termination of the workplace agreement; and

                     (b)  if the workplace agreement is an ITEA:

                              (i)  the termination agreement meets the signature requirements of subsection 386(1); and

                             (ii)  a copy of the signed termination agreement is annexed to the declaration.

             (2)  An employer lodges a declaration with the Workplace Authority Director if:

                     (a)  the employer gives it to the Workplace Authority Director; and

                     (b)  it meets the form requirements mentioned in subsection (3).

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

             (3)  The Workplace Authority Director may, by notice published in the Gazette , set out requirements for the form of a declaration for the purposes of paragraph (2)(b).

             (4)  A declaration is given to the Workplace Authority Director for the purposes of subsection (2) only if the declaration is actually received by the Workplace Authority Director.

Note:          This means that section 29 of the Acts Interpretation Act 1901 (to the extent that it deals with the time of service of documents) and section 160 of the Evidence Act 1995 do not apply to lodgment of a declaration.

             (5)  The Workplace Authority Director is not required to consider or determine whether any of the requirements of this Division (other than this section) have been met in relation to the termination.