Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:8_20
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 8 cl 20
Character Range: 360164–362493

20  Continued application of lodgment provisions where termination by written notice is given before the WR Act repeal day and lodged within 120 days
(1) This item applies to an ITEA, if notice to terminate the ITEA is given in accordance with subsection 393(4) of the WR Act (which deals with unilateral termination by giving written notice) before the WR Act repeal day.
(2) The following provisions of Part 8 of the WR Act continue to apply on and after the WR Act repeal day in relation to the termination of the ITEA:
 (a) subsection 381(2) (which deals with when an ITEA is terminated);
 (b) sections 393, 394, 395, 396, 397, 397A, 398 and 399A (which deal with matters relating to lodgment of terminations, etc.);
 (c) section 412A.
Note: The general effect of this provision is to preserve the Part 8 rules in relation to terminations of ITEAs by written notice given before the WR Act repeal day, subject to the modifications set out in subitems (3) to (6). Terminations after that day are dealt with in Schedule 3 (which deals with transitional instruments).

Modification—declaration to terminate must be lodged within 120 days of WR Act repeal day
(3) A declaration may only be lodged, in relation to the ITEA under subsection 393(2) of the WR Act, as that subsection continues to apply because of subitem (2), before the end of the period (the cut‑off period) of 120 days beginning on the WR Act repeal day.
(4) Section 396 of the WR Act, as that section continues to apply because of subitem (2), does not apply in relation to the ITEA if the declaration is not lodged before the end of the cut‑off period.
(5) Despite subsection 381(2) and section 398 of the WR Act, as those provisions continue to apply because of subitem (2), the termination of the ITEA does not take effect if the declaration is not lodged before the end of the cut‑off period.
(6) If the termination is lodged after the end of the cut‑off period, the Workplace Authority Director must give a written notice, stating that the termination cannot come into operation because the declaration was lodged after the end of the cut‑off period, to the following:
 (a) the employer to which the agreement applies;
 (b) the employee to whom the agreement applies.

Division 7—Transitional provisions relating to making ITEAs during the bridging period