Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:121
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 121
Character Range: 93915–95236

121  Application for the termination of a collective agreement‑based transitional instrument after its nominal expiry date
 (1) An application under section 225 of the Act for the termination of a collective agreement‑based transitional instrument after its nominal expiry date must be accompanied by a declaration by the applicant setting out the basis on which the FWC can be satisfied that the requirements of section 226 of the Act have been met.
Note 1: The application must be in the approved form: see rule 9.
Note 2: Section 226 of the Act sets out the circumstances in which the FWC must terminate the agreement.
Note 3: An application may be made under section 225 of the Act for approval of the termination of a collective agreement‑based transitional instrument by virtue of the extended operation given to that section by item 16 of Schedule 3 to the Transitional Act. Item 16 provides that Subdivision D of Division 7 of Part 2‑4 of the Act (which deals with termination of enterprise agreements after their nominal expiry date) applies in relation to a collective agreement‑based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement‑based transitional instrument.
 (2) The applicant must serve a copy of the declaration with the application.