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WORKPLACE RELATIONS ACT 1996 - SECT 395 Lodging unilateral termination documents with the Workplace Authority Director

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 395

Lodging unilateral termination documents with the Workplace Authority Director

             (1)  A person lodges a declaration to terminate a workplace agreement under section 392 with the Workplace Authority Director if:

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

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

          (1A)  A person lodges a declaration to terminate an ITEA under section 393 with the Workplace Authority Director if:

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

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

                     (c)  if the employer in relation to the ITEA, or a bargaining agent at the request of the employer in relation to the ITEA, lodges the declaration to terminate the ITEA--the declaration states whether the parties to the ITEA will, under section 399A, continue to be bound by one or more redundancy provisions included in the ITEA.

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

             (2)  If the employer in relation to the ITEA, or a bargaining agent at the request of the employer in relation to the ITEA, lodges the declaration to terminate the ITEA under section 393, undertakings are lodged in relation to the termination if a copy of the undertakings is annexed to the declaration.

             (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 (1)(b) or (1A)(b).

             (4)  A declaration is given to the Workplace Authority Director for the purposes of subsection (1) or (1A) 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 Subdivision (apart from this section) have been met in relation to the termination.