Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_26
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 26
Character Range: 88631–90281

26  Individual Division 2B State employment agreements: unilateral termination with FWA's approval
(1) This item applies to an employer or employee:
 (a) to whom an individual Division 2B State employment agreement (the Division 2B agreement) that has passed its nominal expiry date applies; and
 (b) who wants to terminate the Division 2B agreement.
(2) The employer or employee may:
 (a) make a written declaration that identifies the Division 2B agreement and that states that the employer or employee wants to terminate the agreement; and
 (b) apply to FWA for the approval of the termination.
(3) The employer or employee cannot make an application as mentioned in paragraph (2)(b) unless, at least 14 days before the day on which the application is made, the employer or employee gives the other of them a notice complying with the following requirements:
 (a) the notice must identify the Division 2B agreement;
 (b) the notice must state that the employer or employee intends to apply to FWA for approval of the termination of the agreement;
 (c) the notice must state that, if FWA approves the termination, the agreement will terminate on the 90th day after the day on which FWA makes the approval decision;
 (d) the notice must comply with any other requirements of the regulations.
(4) FWA must approve the termination if FWA is satisfied that:
 (a) the Division 2B agreement applies to the employer and the employee; and
 (b) the requirements of subitems (2) and (3) have been complied with.
(5) If FWA approves the termination, the Division 2B agreement terminates on the 90th day after the day on which FWA makes the approval decision.