121Application for the termination of a collective agreement‑based transitional instrument after its nominal expiry date

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 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.