27Application for approval of termination of individual agreement‑based transitional instrument

#### 27 Application for approval of termination of individual agreement‑based transitional instrument (1) An application under item 17 of Schedule 3 to the Transitional Act for approval of the termination of an individual agreement‑based transitional instrument must be accompanied by a copy of the written agreement that was made in accordance with subitem 17(1) of Schedule 3 to that Act. > Note: Subitem 17(1) of Schedule 3 to the Transitional Act provides that an employer and employee covered by an individual agreement‑based transitional instrument may make a written agreement to terminate the agreement. (2) An application under item 19 of Schedule 3 to the Transitional Act for approval of the termination of an individual agreement‑based transitional instrument must be accompanied by: (a) a declaration made by a person authorised to do so setting out the basis upon which the Commission can be satisfied that the requirements of subitems 19(2) and (3) of Schedule 3 to that Act have been met; and (b) a copy of the written declaration that was made in accordance with subitem 19(2) of Schedule 3 to that Act. > Note 1: Subitem 19(2) of Schedule 3 to the Transitional Act provides that an employer or employee to whom an individual agreement‑based transitional instrument that has passed its nominal expiry date applies may make a written declaration that the employer or employee wants to terminate the transitional instrument. > Note 2: Subitem 19(3) of Schedule 3 to the Transitional Act sets out notice requirements that must be met before an application can be made. (3) If an employer is seeking approval of the termination of more than one individual agreement‑based transitional instrument, the requirements of subrule 8(2) are met if the applicant lodges: (a) one application in the approved form; and (b) a schedule setting out: (i) the name of the other party to each instrument; and (ii) the item of Schedule 3 to the Transitional Act under which application is made; and (iii) the identification number or date of each instrument to be terminated; and (iv) the nominal expiry date of each instrument; and (v) if a written agreement has been made under subitem 17(1) of Schedule 3 to the Transitional Act—whether the employee was under 18 years of age at the time of making the written agreement. > Note 1: A template schedule is available at www.fwc.gov.au. > Note 2: If a schedule is lodged under subrule (3), subrule (1) provides that the applicant must lodge a copy of each written agreement that has been made with each of the other parties to the agreements that are listed in the schedule. > Note 3: If a schedule is lodged under subrule (3), rule 47 provides that the employer must not serve a copy of the application and schedule upon a party in such a way as to reveal the identity of any other persons mentioned in the schedule.