122Application for approval of the termination of an individual agreement‑based transitional instrument

122  Application for approval of the termination of an 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) a copy of the individual agreement‑based transitional instrument; and  (b) a copy of the written agreement, made in accordance with subitem 17(1) of Schedule 3 to that Act, 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 that has passed its nominal expiry date must be accompanied by:  (a) a copy of the individual agreement‑based transitional instrument; and  (b) a declaration made by the applicant that:  (i) identifies the transitional instrument and that states that the employer or employee wants to terminate the transitional instrument (as required under paragraph 19(2)(a) of Schedule 3 to the Transitional Act); and  (ii) sets out the basis on which the FWC can be satisfied that the requirements of subitem 19(3) of Schedule 3 to the Transitional Act have been met; and  (c) a copy of the written notice that was given in accordance with subitem 19(3) of Schedule 3 to the Transitional Act. Note: Subitem 19(3) of Schedule 3 to the Transitional Act sets out notice requirements that must be met before an application can be made. Employer applying for approval of the termination of more than one individual agreement‑based transitional instrument  (3) If an employer is seeking approval of the termination of more than one individual agreement‑based transitional instrument, the employer may, instead of lodging an application in the approved form in relation to each instrument, lodge:  (a) one application in the approved form; and  (b) a schedule setting out:  (i) the name of the other party to each individual agreement‑based transitional instrument; and  (ii) the item of Schedule 3 to the Transitional Act under which the application is made; and  (iii) the identification number or date of each instrument; 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; and  (c) a copy of each instrument listed in the schedule lodged with the application; and  (d) if the application is made under item 17 of Schedule 3 to the Transitional Act—a copy of each written agreement made under subitem 17(1) of Schedule 3 to the Transitional Act to terminate an instrument listed in the schedule lodged with the application; and  (e) if the application is made under item 19 of Schedule 3 to the Transitional Act:  (i) one declaration by the applicant made in accordance with paragraph (2)(b) of this rule in relation to all the instruments listed in the schedule lodged with the application; and  (ii) a copy of the written notice given in accordance with subitem 19(3) of Schedule 3 to that Act for each such instrument. Service of application and accompanying documents  (4) Subject to subrule (5), the applicant must serve with the application copies of any documents that were lodged with the application.  (5) If the application is lodged in accordance with subrule (3):  (a) the copies of the documents that the employer serves on a person must exclude any parts that would reveal the identity of any other persons mentioned in the schedule lodged with the application; and  (b) the employer is not required to serve a copy of each instrument lodged under paragraph (3)(c). Note: For service of the application, see rules 21 and 22. Division 2—Disputes relating to the continued operation of the Workplace Relations Act 1996