Document ID: chunk:federal_register_of_legislation:C2020A00081:clause:2_789gjf
Version: federal_register_of_legislation:C2020A00081
Segment Type: clause
Provision Reference: sch 2 cl 789GJF
Character Range: 25561–28075

789GJF  Termination of agreement if employer ceases to satisfy the 10% decline in turnover test

Test time
 (1) For the purposes of this section, test time means:
 (a) the start of 28 October 2020; or
 (b) the start of 28 February 2021.

Termination of agreement
 (2) If:
 (a) an employer of an employee and the employee have made an agreement under subsection 789GJD(2); and
 (b) the agreement is in force at a test time; and
 (c) at the test time, the employer did not hold a 10% decline in turnover certificate that covers the employer for the designated quarter applicable to that time;
the agreement ceases to have effect immediately after the test time.
Note 1: Under section 789GCC, the designated quarter applicable to the start of 28 October 2020 is the quarter ending on 30 September 2020.
Note 2: Under section 789GCC, the designated quarter applicable to the start of 28 February 2021 is the quarter ending on 31 December 2020.
 (3) Subsection (2) does not, by implication, prevent an agreement from being terminated otherwise than under that subsection.

Notification of termination of agreement
 (4) If:
 (a) an employer of an employee and the employee have made an agreement under subsection 789GJD(2); and
 (b) the agreement will cease to have effect immediately after a test time;
then, before the test time, the employer must give the employee a written notice that explains:
 (c) that the agreement will cease to have effect; and
 (d) when the agreement will cease to have effect.
Note: This subsection is a civil remedy provision (see Part 4‑1) unless subsection (5) applies.
 (5) Section 539 (civil remedy) does not apply to a contravention by an employer of subsection (4) of this section unless the employer has previously contravened that subsection on one or more occasions.

Notification of continuation of agreement
 (6) If:
 (a) an employer of an employee and the employee have made an agreement under subsection 789GJD(2); and
 (b) the agreement will not cease to have effect immediately after a test time;
then, before the test time, the employer must give the employee a written notice that explains that the agreement will not cease to have effect immediately after the test time.
Note: This subsection is a civil remedy provision (see Part 4‑1) unless subsection (7) applies.
 (7) Section 539 (civil remedy) does not apply to a contravention by an employer of subsection (6) of this section unless the employer has previously contravened that subsection on one or more occasions.