WORKPLACE RELATIONS ACT 1996 - SECT 392 Unilateral termination in a manner provided for in workplace agreement

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 392

             (1)  This section applies if a workplace agreement provides for a manner of terminating the agreement after its nominal expiry date.

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

                     (a)  the employer in relation to the agreement;

                     (b)  a majority of the employees whose employment is subject to the agreement when the notice mentioned in subsection (4) is given;

                    (ba)  in the case of an ITEA--the employee whose employment is subject to the agreement;

                     (c)  in the case of an ITEA--a bargaining agent at the request of the employer or the employee;

                     (d)  an organisation of employees that is bound by the agreement.

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:

                     (a)  the nominal expiry date of the workplace agreement has passed; and

                     (b)  all the requirements in the agreement for terminating the agreement are met.

             (4)  At least 14 days before the lodgment, and after the nominal expiry date of the agreement has passed, the person or persons intending to lodge the declaration must take reasonable steps to ensure that the following are given written notice of the termination:

                     (a)  the employer in relation to the agreement;

                     (b)  each employee whose employment is subject to the agreement when the notice is given;

                     (c)  an organisation of employees that is bound by the agreement.

             (5)  The notice must:

                     (a)  state that the workplace agreement is to be terminated in the manner provided for by the agreement; and

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

                     (c)  contain the information (if any) that the Workplace Authority Director requires by notice published in the Gazette .

             (6)  A person contravenes this subsection if:

                     (a)  the person lodges a declaration to terminate a workplace agreement under subsection (2); and

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

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

Note:          See Division 11 for provisions on enforcement.

             (8)  This section does not apply in relation to a multiple‑business agreement.