54ATermination of collective agreement after nominal expiry date

54A Termination of collective agreement after nominal expiry date

(1) An application under section 397A of the Act to have a collective agreement terminated must be in accordance with Form R48A.

(2) If the application is made by an appointed representative of a majority of the employees whose employment is subject to the agreement, the application must be accompanied by a statutory declaration, made by the representative, that states the facts on the basis of which the Commission can be satisfied that the representative:

(a) has been appointed by the employees concerned; and

(b) is acting in accordance with their direction.

(3) On the Commission fixing a time and place for the hearing of the application, a Registrar must give a copy of the application, and the completed notice of hearing, to the applicant.

(4) The applicant must serve a copy of the application and of the completed notice of hearing on the other parties bound by the collective agreement.