26Application for approval of termination of an enterprise agreement or collective agreement‑based transitional instrument

#### 26 Application for approval of termination of an enterprise agreement or collective agreement‑based transitional instrument (1) An application under section 222 of the Act for approval of termination of an enterprise agreement or a collective agreement‑based transitional instrument must be accompanied by a declaration by the applicant or an officer or authorised employee of the applicant setting out the basis upon which the Commission can be satisfied that the requirements of section 223 of the Act have been met. > Note 1: The declaration must be in the approved form—see subrule 8(2). > Note 2: Section 223 of the Act sets out the circumstances in which the Commission must approve the termination. > Note 3: An application may be made under section 222 of the Act for termination of a collective agreement‑based transitional instrument by virtue of the extended operation given to that section by item 15 of Schedule 3 to the Transitional Act. Item 15 provides that Subdivision C of Division 7 of Part 2‑4 of the Act (which deals with termination of enterprise agreements by employers and employees) 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) An application under section 225 of the Act for termination of an enterprise agreement after its nominal expiry date must be accompanied by a declaration by the applicant or an officer or authorised employee of the applicant setting out the basis upon which the Commission can be satisfied that the requirements of section 226 of the Act have been met. > Note 1: The declaration must be in the approved form—see subrule 8(2). > Note 2: Section 226 of the Act sets out the circumstances in which the Commission must terminate the agreement. (3) Each employee, employer or employee organisation that: (a) is covered by an agreement mentioned in subrule (2); and (b) wants to advise the Commission of its views in relation to the termination of the agreement; must lodge a declaration by a person mentioned in subrule (4) before the Commission approves the termination of the agreement. > Note: The declaration must be in the approved form—see subrule 8(2). (4) For subrule (3), the persons are the following: (a) for a declaration by an employee—the employee; (b) for a declaration by an employer—the employer or an officer or authorised employee of the employer; (c) for a declaration by an employee organisation—an officer or authorised employee of the organisation.