Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_103l
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 103L
Character Range: 329956–332333

103L  Unilateral termination with 90 days written notice

 (1) This section applies whether or not 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 103N:
 (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;
 (c) in the case of an AWA—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 the nominal expiry date of the workplace agreement has passed.

 (4) At least 90 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:
 (a) the following are given written notice of the termination:
 (i) the employer in relation to the agreement;
 (ii) each employee whose employment is subject to the agreement when the notice is given;
 (iii) an organisation of employees that is bound by the agreement; and
 (b) if the person giving the notice is the employer bound by the agreement—a written copy of the undertakings (if any) made by the employer under section 103M.

 (5) The notice must:
 (a) state that the workplace agreement is to be terminated; and
 (b) specify the day on which the person or persons propose to lodge the notice; and
 (c) be in the form (if any) that the Employment Advocate requires by notice published in the Gazette; and
 (d) contain the information (if any) that the Employment Advocate 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).

Note: See Division 11 for provisions on enforcement.

 (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.