Document ID: chunk:federal_register_of_legislation:C2024C00345:section:151:p2
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 151 (pt 2/2)
Character Range: 261475–263355

appears to the FWC:
 (a) of its own motion; or
 (b) on application by an interested person;
that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.
 (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.
 (10) The General Manager must as soon as practicable:
 (a) give notice of the termination to each party to the agreement; and
 (b) enter particulars of the termination in the register kept under subsection 13(1).
 (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.
Civil penalty: 60 penalty units.
 (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).
 (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.