330Termination of contract agreement

#### 330 Termination of contract agreement 330 Termination of contract agreement > > (1) A contract agreement can be terminated only in accordance with this section. > > > (2) A contract agreement can be terminated at any time with the approval of all the parties to it, whether during or after its nominal term. > > > (3) After the end of the nominal term of a contract agreement, a party to the contract agreement may apply to the Commission under Part 2 for a contract determination to replace the contract agreement. > > > (3A) A contract determination must not be made unless the Commission considers it appropriate having regard to the following— > > > > > (a) the conduct of the parties in negotiations for a new contract agreement, if any, > > > > > (b) whether the replacement of the contract agreement with a contract determination would adversely impact a party’s bargaining position, > > > > > (c) whether the replacement of the contract agreement with a contract determination would adversely impact the bailees or carriers who were parties to the contract agreement, > > > > > (d) the state of the bailor’s or principal contractor’s business, including the impact the continued operation of the contract agreement would have on the bailor’s or principal contractor’s business, > > > > > (e) other matters the Commission considers relevant. > > > (3B) If a contract determination is made following an application under subsection (3), the Commission must terminate the contract agreement with effect from the commencement of the operation of the contract determination. > > > (3C) Subsection (3B) has effect despite subsection (4). > > > (3D) In the case of a contract agreement to which a group of carriers is a party, the contract agreement can be terminated by the carriers, but only if the proposed termination is approved in a secret ballot by not less than 65% of the carriers covered by the agreement at the time the ballot is conducted. > > > (4) Termination of the contract agreement is not effective until the Industrial Registrar has been given written notice of the approval to terminate or of service of the notice of intention to terminate. > > **s 330:** Am 1996 No 109, Sch 1 \[4\]; 2025 No 20, Sch 1\[14\].