Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_103e
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 103E
Character Range: 323163–324386

103E  Approval of a termination

 (1) A termination of an AWA is approved if:
 (a) the employer and employee make a written termination agreement to terminate the AWA; 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 AWA; 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.