Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:1_397a
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 1 cl 397A
Character Range: 68202–69151

397A  Termination by the Commission

 (1) The Commission may, by order, terminate a collective agreement that has passed its nominal expiry date on application under subsection (2) if it is satisfied that it would not be contrary to the public interest to terminate the agreement.

 (2) Any of the following persons may apply for an order under subsection (1):
 (a) the employer;
 (b) a majority of the employees whose employment is subject to the agreement;
 (c) an organisation of employees that is bound by the agreement.

 (3) In deciding whether it would be contrary to the public interest to terminate the agreement, the Commission must have regard to all circumstances of the case, including:
 (a) the views of each party bound by the agreement (including the employees) about whether it should be terminated; and
 (b) the circumstances of each such party, including the likely effect on each such party of the termination of the agreement.