Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_24
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 24
Character Range: 142272–143765

24  Individual Division 2B State employment agreements: termination by agreement
(1) The employee and employer covered by an individual Division 2B State employment agreement (the Division 2B agreement) may make a written agreement (a termination agreement) to terminate the Division 2B agreement in accordance with the following requirements:
 (a) the termination agreement must be signed by the employee and the employer;
 (b) if the employee is under 18, it must also be signed by a parent or guardian of the employee;
 (c) the signatures must be witnessed.
(2) The termination has no effect unless it has been approved by the FWC.
(3) The employer or employee may apply to the FWC for approval of the termination agreement. The application must be made:
 (a) within 14 days after the termination agreement was made; or
 (b) if in all the circumstances the FWC considers it fair to extend that period—within such further period as the FWC allows.
(4) If an application for the FWC to approve the termination agreement is made under subitem (3), the FWC must approve the termination of the Division 2B agreement if:
 (a) the FWC is satisfied that the requirements of subitem (1) have been complied with; and
 (b) the FWC is satisfied that there are no other reasonable grounds for believing that the employee has not agreed to the termination.
(5) If the termination is approved under subitem (4), the termination operates from the day specified in the decision to approve the termination.