Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_103n
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 103N
Character Range: 333670–335133

103N  Lodging unilateral termination documents with the Employment Advocate

 (1) A person lodges a declaration to terminate a workplace agreement under section 103K or 103L with the Employment Advocate if:
 (a) the person gives it to the Employment Advocate; and
 (b) it meets the form requirements mentioned in subsection (3).

Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

 (2) If the person is the employer in relation to the agreement, the employer lodges undertakings in relation to the termination if:
 (a) the employer lodges a declaration under subsection (1); and
 (b) a copy of the undertakings is annexed to the declaration.

 (3) The Employment Advocate may, by notice published in the Gazette, set out requirements for the form of a declaration for the purposes of paragraph (1)(b).

 (4) A declaration is given to the Employment Advocate for the purposes of subsection (1) only if the declaration is actually received by the Employment Advocate.

Note: This means that section 29 of the Acts Interpretation Act 1901 (to the extent that it deals with the time of service of documents) and section 160 of the Evidence Act 1995 do not apply to lodgment of a declaration.

 (5) The Employment Advocate is not required to consider or determine whether any of the requirements of this Subdivision (apart from this section) have been met in relation to the termination.