57Termination of pre‑reform certified agreement in public interest after nominal expiry date

57 Termination of pre‑reform certified agreement in public interest after nominal expiry date

(1) An application under subsection 170MH (1) of the pre‑reform Act, as continued in force under paragraph 2 (1) (k) or 13 (1) (n) of Schedule 7 to the Act to have a pre‑reform certified agreement terminated must be made in accordance with Form R51.

(2) If the application is made by an appointed representative of a majority of the employees whose employment is subject to the pre‑reform certified 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) A Registrar must give notice, if and as directed by the Commission, of the time and place for any hearing of the application to:

(b) if one or more organisations of employees are bound by the pre‑reform certified agreement — each organisation; and

(c) any other person subject to the pre‑reform certified agreement.